National Highways Authority of India v. Sri. Sheik Mohammed Rafik

Karnataka HC19 Nov 2025MFA/8242/2024

Case brief

AI extract

What is this about?

Withdrawal of arbitration appeal: NHAI MFA under S.37(1)(c) Arbitration and Conciliation Act 1996 against confirmation of land-acquisition enhancement award (Rs.89,075/- per cent, No.DIS.ARB(4)NH/LAQ.CR.05/2021-22 dt.26.04.2023) by I Addl. District Judge, Mangalore (A.P. No.227/2023, judgment dt.08.11.2024); dismissed as withdrawn on memo dated 06.10.2025 after Competent Authority approved implementation of award; Karnataka HC, 19.11.2025, Anu Sivaraman & Vijaykumar A. Patil JJ. (Patil J., author).

What did the court decide?

Leave to withdraw the appeal granted; appeal dismissed as withdrawn consequent to the Competent Authority's approval of implementation of the arbitral award. ¶¶40-41

National Highways Authority of India Vs Sri. Sheik Mohammed… — Arbitration | Karnataka HC (2025)

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NC: 2025:KHC:47778-DB M.F.A. No.8242/2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF NOVEMBER, 2025

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.8242/2024 (AA)

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BETWEEN:

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NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT-MANGALORE DOOR NO.3-29, BETHEL, THARETHOTA NEAR PUMPWELL (NH-66) MANGALORE-575002 REP BY ITS PROJECT DIRECTOR.

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Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court Of Karnataka

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

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…APPELLANT

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AND:

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SRI. SHEIK MOHAMMED RAFIK S/O SHANU MIYA SAHEB R/AT 10-317, TAHIRA HOUSE PRANTHYA VILLAGE, MOODABIDRI TALUK.

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THE ARBITRATOR AND DEPUTY COMMISSIONER D.K DISTRICT, MANGALORE-575001.

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THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NHAI, N.G.O.S BUILDING MINI VIDHANA SOUDHA COMPOUND MANGALURU-575 001.

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…RESPONDENTS

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NC: 2025:KHC:47778-DB M.F.A. No.8242/2024

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HC-KAR

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THIS MFA IS FILED U/S.37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE JUDGMENT DATED 08.11.2024 IN THE SUIT A.P.NO.227/2023 PASSED BY THE HON'BLE I ADDL. DISTRICT JUDGE, D.K. DISTRICT, MANGALORE, CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD/ORDER IN NO.DIS.ARB(4)NH/LAQ.CR.05/2021-22 DTD:26.04.2023 PASSED BY THE 2^ND RESPONDENT INSOFAR AS THE ENHANCEMENT MADE BY THE 2^ND RESPONDENT TO Rs.89,075/- PER CENT 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.

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

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

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HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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

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Learned counsel for the appellant has filed a memo dated

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06.10.2025 seeking leave of this Court to withdraw the appeal.

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Memo reads as under:

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"MEMO FOR WITHDRAWAL

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The Appellant submit as under;

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The above appeal filed challenging the Judgment dt:08.11.2024 passed by the Hon'ble I Addl. District Court, Mangalore in A.P 227/2023 in which the arbitral award bearing No.C.DIS.ARB (4)

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3 - NC: 2025:KHC:47778-DB M.F.A. No.8242/2024

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HC-KAR

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NH/LAQ.CR.05/2021-22 Dt:26.04.2023 was confirmed.

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It is submitted that, in view of the approval of the Competent Authority for implementation of the Arbitral Award, the Appellant prays this Hon'ble Court be pleased to permit the Appellant to withdraw the above case. The copy of the approval letter is produced herewith.

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

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