NHAI's commercial appeal against an arbitral award enhancing land compensation was withdrawn by memo after the Competent Authority approved implementation of the award; appeal dismissed as withdrawn.
Appeal dismissed as withdrawn on appellant's memo dated 15.02.2024; no relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:20078-DB COMAP No. 80 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA COMMERCIAL APPEAL NO. 80 OF 2023
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT-MANGALORE DOOR NO.3-29, 'BETHEL' THARETHOTA, NEAR PUMPWELL (NH-66) MANGALORE-575002. REP. BY ITS THE PROJECT DIRECTOR H.S LINGEGOWDA.
…APPELLANT
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
(BY SRI. PRAKASHA ANGADI B V - ADVOCATE)
AND:
S/O HAMMABBA R/AT. UPPINANGADY VILLAGE PUTTUR TALUK-574229.
…RESPONDENTS
(BY SRI. BHOJEGOWDA T KOLLER–AGA FOR RESPONDENT NO.2)
THIS COMAP FILED UNDER SECTION 37(1)(A) OF COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE JUDGEMENT DATED 01/09/2021 IN THE SUIT A.P.NO. 11/2020
PASSED BY THE HON’BLE IV-ADDL. DISTRICT AND SESSIONS JUDGE, D.K DISTRICT, MANGALORE, CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD/ ORDER IN NO. C.DIS.ARB (3) NH LAQ.CR. 230/2017-2018 DATED 14/01/2020 PASSED BY THE 2ND RESPONDENT. INSOFAR AS THE ENHANCEMENT MADE BY THE 2ND RESPONDENT FROM RS. 6,964/- TO RS.7,800/PER CENT AND ALLOW THE APPEAL WITH COST.
THIS COMAP, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the National Highways Authority of India seeking to set aside the judgment dated 01.09.2021 in A.P.No.11/2020 and consequently to set aside the arbitral award dated 14.01.2020 passed by the second respondent / Arbitrator and Deputy Commissioner.
filed a memo dated 15.02.2024 seeking to withdraw the present appeal, in view of the approval of the Competent Authority for implementation of the Arbitral Award.
NC: 2024:KHC:20078-DB COMAP No. 80 of 2023
on record and the appeal is dismissed as withdrawn.
Sd/-
JUDGE
Sd/JUDGE
KS
1 provisions across 1 enactments
National Highways Authority of India, Project Implementation Unit-Mangalore
Sri M Idinabba
The Arbitrator and Deputy Commissioner D.K District Mangalore
K. Somashekar
Chillakur Sumalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
