NHAI's appeal against an arbitral enhancement in land acquisition compensation was withdrawn with liberty to pursue it as a commercial appeal within limitation; the appeal was disposed as withdrawn.
Appeal permitted to be withdrawn with liberty to file a Commercial Appeal; pending IAs stand disposed of.
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:19605-DB MFA No. 632 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 632 OF 2023 (AA)
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLIMENTATION UNIT-MANGALORE DOOR NO 3-29, “BETHEL” THARETHOTA, NEAR PUMPEWELL (NH 66) MANGALORE 575002 REP. BY ITS PROJECT DIRECTOR H S LINGEGOWDA.
…APPELLANT
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
(BY SRI. PRAKASHA ANGADI B V - ADVOCATE)
AND:
…RESPONDENTS
THIS MFA FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE JUDGMENT DATED 03.09.2022 PASSED IN AP.NO.101/2021 ON THE FILE OF THE IV-ADDITIONAL DISTRICT AND SESSIONS JUDGE, COMMERCIAL COURTS, D.K.MANGALURU, CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD/ORDER IN NO.C.DIS.ARB (2) NH LAQ.CR.102/2018-19 DATED 14.09.2021 PASSED BY THE RESPONDENT NO.2. INSOFAR AS THE ENHANCEMENT MADE BY THE RESPONDENT NO.2 AT THE RATE OF RS.1,45,600/- PER CENT AND ALLOW THE APPEAL WITH COST.
THIS MFA, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
Sri Prakasha Angadi B V, learned counsel for the appellant is present before the Court physically.
In this matter I.A.No. 4/2023 is filed under Order 41 Rule 1 R/ w Section 151 of the Code of Civil Procedure seeking permission to convert the appeal as Commercial Appeal and to amend the petition. But the commercial appeal has to be preferred by the aggrieved party within a period of 90 days.
This appeal is filed challenging the judgment dated 03.09.2022 passed by the IV Additional District and Sessions Judge, D K District Mangalore in A P No.101/2021 by urging various grounds. Wherein the said proceedings were initiated by the Petitioner - National Highways Authority of India against the respondent – Sri
Sri Jagadguru Shankaracharya Mahasamsthanam, Dakshinamnaya, Sri Sharada Peetham, Sringeri. But the said appeal is nomenclature as MFA. In this regard, Registry has raised an objection regarding the conversion of the above appeal as Commercial Appeal.
Learned counsel for the appellant has filed a memo dated 06.06.2024 seeking leave of this Court to withdraw the subject MFA with liberty to file the Commercial Appeal. Therefore, memo is placed on record. Consequently, the appellant is permitted to withdraw the appeal with liberty as sought for.
Accordingly, appeal is disposed as withdrawn.
NC: 2024:KHC:19605-DB MFA No. 632 of 2023
In view of disposal of the appeal, if any IA pending,
same shall stand disposed of.
Sd/JUDGE
Sd/JUDGE
RJ
2 provisions across 2 enactments
National Highways Authority of India Project Implementation Unit-Mangalore, rep. by its Project Director H S Lingegowda
Sri Sri Jagadguru Shankaracharya Mahasamsthanam, Dakshinamanya Sri Sharada Peetham, Sringeri through GPA Holder: Sri Sringeshwara Rao CEO and Administrator
The Arbitrator and Deputy Commissioner D K District, Mangalore
The Special Land Acquisition Officer and Competent Authority, NHAI Mangaluru
K. Somashekar
Chillakur Sumalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
