NHAI appealed against an order under Section 34 of the Arbitration and Conciliation Act read with Section 3G(6) of the National Highways Act. Counsel filed a memo seeking withdrawal of the appeal; the memo was taken on record and the appeal was dismissed as withdrawn.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
MFA NO. 2219 OF 2023
BETWEEN:
NATIONAL HIGHWAY AUTHORITY OF INDIA PIU-MANGALORE DOOR NO. 3-29, BETHEL THARETHOTA, NEAR PUMPWELL-II (NH-66) MANGALORE-575005 REP. BY ITS PROJECT OFFICER.
…APPELLANT
(BY SRI. SHOBHITH N SHETTY - ADVOCATE)
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
AND:
NC: 2024:KHC:12162-DB MFA No. 2219 of 2023
…RESPONDENTS THIS MFA FILED UNDER SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 08.12.2022 PASSED IN AP.NO.62/2021 ON THE FILE OF THE IV-ADDITIONAL DISTRICT & SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU.
THIS MFA, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel Sri Shobhith N.Shetty for the appellant is present before the Court physically.
This appeal is filed challenging the judgment and decree rendered by the Court below in A.P.No.62/2021 dated 08.12.2022 which was initiated under Section 34 of the Arbitration and Conciliation Act, 1996 r/w Section 3G(6) of the National Highways Act, 1956.
In the meanwhile, learned counsel for the appellant submits that he has filed a memo seeking withdrawal of the appeal.
NC: 2024:KHC:12162-DB MFA No. 2219 of 2023
The memo is taken on record. Consequently, this
appeal is dismissed as withdrawn.
Sd/JUDGE
Sd/JUDGE
DKB
3 provisions across 2 enactments
NATIONAL HIGHWAY AUTHORITY OF INDIA PIU-MANGALORE
SRI B BALAKRISHNA POOJARY
THE COMPETENT AUTHORITY AND SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAY-48
THE DEPUTY COMMISSIONER AND ARBITRATOR DAKSHINA KANNADA DISTRICT MANGALURU
K.SOMASHEKAR
RAJESH RAI K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
