Appeal under Section 37 of the Arbitration and Conciliation Act challenging dismissal of a Section 34 petition in a land acquisition matter was dismissed for non-prosecution after repeated non-compliance with office objections and no appearance, with costs.
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NC: 2024:KHC:27851 MFA No. 3190 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO. 3190 OF 2020 (AA)
BETWEEN:
SRI. SHIVANNA, S/O LATE SIDDELINGEGOWDA, AGED ABOUT 70 YEARS, R/AT BOMMANAHALLI VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT – 571 418.
…APPELLANT
(BY SRI. SURENDRA KUMAR N., ADVOCATE (ABSENT))
AND:
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
REPRESENTED BY ITS PROJECT DIRECTOR, SY NO.13, 14TH , K.M.NAGASANDRA, BANGALORE TUMKUR ROAD, N.H.4, BANGALORE – 73.
NATIONAL HIGHWAY, NELAMANGALA-HASSAN DIVISION, KUNIGAL TOWN, TUMKUR DISTRICT – 572 130.
…RESPONDENTS
THIS MFA IS FILED UNDER SECTION 37(1)(c) OF ARBITRATION AND CONCILIATION ACT, 1996 AGAINST THE JUDGMENT AND DECREE DATED 18.06.2018 PASSED IN AS.NO.07/2015 ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, MANDYA, DISMISSING THE FILED UNDER SECTION 34 OF ARBITRATION AND CONCILIATION 1996 R/W SECTION G(6) OF NATIONAL HIGHWAYS ACT, 1956.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None appears.
On 08.07.2024 when matter was listed for further orders
regarding non-compliance of office objections for 8th time, at request of learned counsel for appellant, further time was granted with clarification that in case needful is not done, matter would be dismissed for non-prosecution. Till date, office objections are not complied. There is no appearance.
NC: 2024:KHC:27851 MFA No. 3190 of 2020
Appeal is dismissed for non-compliance by imposing cost of Rs.2,000/- payable to Advocates Welfare Fund, Bengaluru.
Sd/JUDGE
MKM
List No.: 1 Sl No.: 3
1 provisions across 1 enactments
Sri. Shivanna
National Highway Authority of India
The Special Land Acquisition Officer cum Competent Authority, National Highway, Nelamangala-Hassan Division
The Deputy Commissioner and Honorary Arbitrator, Mandya District
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
