National Highways Authority of Inida Vs Sri. Sudharshan Kumar — Karnataka HC (2025) — LawSathi Research

National Highways Authority of Inida Vs Sri. Sudharshan Kumar — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Leave to withdraw the appeal granted on the appellant's memo; appeal dismissed as withdrawn (payment voucher Annexure-R1 noted). No substantive relief on the enhancement was adjudicated.

Issue for consideration

Whether the arbitral award/order passed by Respondent No. 2 (Arbitrator and Deputy Commissioner, Mangalore) in No. C.DIS.ARB (3). NH LAQ.CR-161/2021-22 dated 21.03.2023 - in particular the enhancement of compensation made therein - and the consequent District Court judgment dated 02.02.2024 in Arbitration Petition No. 223/2023 should be set aside, with costs, per the appellant's prayer under Section 13(1)(a) of the Commercial Court Act.

Court's answer

As learned counsel for the appellant sought leave of the Court to withdraw the appeal by memo (the arbitrator's award having already been complied with and the enhanced compensation disbursed to the land loser, with payment voucher Annexure-R1), the Court dismissed the appeal as withdrawn; no adjudication was made on the merits of the arbitral award or the enhancement.

Detailed headnote1 paragraphs

COMAP No. 107 of 2024 (NC: 2025:KHC:47979-DB), High Court of Karnataka at Bengaluru, decided 20.11.2025 (Anu Sivaraman and Vijaykumar A. Patil JJ.; oral judgment per Vijaykumar A. Patil J.). Filed under Section 13(1)(a) of the Commercial Court Act, the National Highways Authority of India (PIU-Mangalore) appealed against the judgment dated 02.02.2024 of the IV Addl. District and Sessions Judge, D.K. District, Mangalore in Arbitration Petition No. 223/2023, seeking consequential setting aside of the arbitral award/order in No. C.DIS.ARB (3). NH LAQ.CR-161/2021-22 dated 21.03.2023 passed by the Arbitrator and Deputy Commissioner, Mangalore (Respondent No. 2), insofar as it enhanced compensation. Before orders, counsel for the appellant sought leave to withdraw, filing a memo stating that the award had been complied with and the enhanced compensation disbursed to the land loser (payment voucher Annexure-R1). Holding no merits enquiry, the Division Bench dismissed the appeal as withdrawn. No precedents were cited and no quantum figures appear in the text.

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NC: 2025:KHC:47979-DB COMAP No. 107 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF NOVEMBER, 2025

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.107 OF 2024

BETWEEN:

NATIONAL HIGHWAYS AUTHORITY OF INIDA PROJECT IMPLEMENTATION UNIT - MANGALORE, DOOR NO.3-29, "BETHEL" THARETHOTA NEAR PUMPWELL (NH-66) MANGALORE-575002. REP. BY ITS THE PROJECT DIRECTOR EARLIER H. S. LINGEGOWDA PRESENT ABDULLA JAVED AZMI

…APPELLANT

(BY SRI. PRAKASHA ANGADI B.V., ADVOCATE)

AND:

Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

SRI. SUDHARSHAN KUMAR

S/O P. CHANDAYYA M/S. DHARSHAN ENTERPRISES UPPINANGADY, PUTTUR TALUK.

THE ARBITRATOR AND DEPUTY COMMISSIONER D. K. DISTRICT, MANGALORE-575 001.

THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY,

2 - NC: 2025:KHC:47979-DB COMAP No. 107 of 2024

HC-KAR

NHAI NH-75 (48), HASSAN B C ROAD SECTION, OPP. HDCC BANK, HASSAN.

…RESPONDENTS

(BY SRI. MANJUNATH RAYAPPA, AGA FOR R3)

THIS COMAP IS FILED UNDER SECTION 13(1)(A) OF COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 02.02.2024 IN THE SUIT ARBITRATION PETITION NO.223/2023 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- 161/2021-22 DT:21.03.2023 PASSED BY THE 2^ND RESPONDENT. INSOFAR AS THE ENHANCEMENT MADE BY THE 2^ND RESPONDENT AND ALLOW THE APPEAL WITH COST AND GRANT SUCH OF THE RELIEF AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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NC: 2025:KHC:47979-DB COMAP No. 107 of 2024

HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

Learned counsel appearing for the appellant seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under;

"The Appellant submit as under;

The above appeal filed challenging the judgment dated 02.02.2024 passed by the Hon'ble District Court, Mangalore in A.P 223/2023.

The order passed by the Hon'ble Arbitrator and Deputy Commissioner, Mangalore in Case No.C.DIS.ARB(3).NH.LAQ.CR-161/2021-22 dt:21.03.2023 has been complied with and enhanced compensation amount has been disbursed to the Respondent/land looser. Hence, this Hon'ble Court be pleased to permit the Appellant to withdraw the above case. The copy of the payment voucher is produced herewith and marked as Annexure-R1.

WHEREFORE, the Appellant seeks leave of this Hon'ble Court to withdraw the above case, in the interest of justice."

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NC: 2025:KHC:47979-DB COMAP No. 107 of 2024

HC-KAR

In view of the memo, appeal is dismissed as

withdrawn.

Sd/(ANU SIVARAMAN) JUDGE

Sd/(VIJAYKUMAR A. PATIL) JUDGE

RAK List No.: 1 Sl No.: 11