NHAI appealed against confirmation of an arbitral award enhancing land acquisition compensation. With the Competent Authority having approved implementation of the award, NHAI filed a memo seeking leave to withdraw the appeal. The High Court permitted withdrawal and dismissed the appeal as withdrawn.
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NC: 2026:KHC:6285-DB COMAP No. 222 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026
PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.222 OF 2023
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT-MANGALORE, DOOR NO.3-29, "BETHEL", THARETHOTA, NEAR PUMPWELL (NH-66), MANGALORE-575002 REP. BY ITS THE PROJECT DIRECTOR, H.S. LINGEGOWDA,
…APPELLANT
(BY SRI. PRAKASHA ANGADI B. V., ADVOCATE)
Digitally signed by BANGALORE ANJANAPPA KRISHNA KUMAR Location: High Court of Karnataka
AND:
NC: 2026:KHC:6285-DB COMAP No. 222 of 2023
HC-KAR
AND COMPETENT AUTHORITY, NHAI, N.G.O.S. BUILDING, MINI VIDHANA SOUDHA COMPOUND, MANGALURU-575001.
…RESPONDENTS
(BY SRI. SANATHKUMAR SHETTY K., ADV. FOR R1; R2 & R3 ARE SERVED)
THIS COMAP IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE JUDGMENT DATED 19.04.2023 IN THE SUIT A.P.NO.22/2022 PASSED BY THE HON'BLE IV ADDL. DISTRICT SESSIONS JUDGE AND COMMERCIAL COURT D.K., MANGALORE, CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD/ORDER IN NO. C.DIS.ARB(2)NH/LAQ/CR-122/2017-2018 DATED 26.10.2021 PASSED BY THE 2ND RESPONDENT. INSOFAR AS THE ENHANCEMENT MADE BY THE 2ND RESPONDENT AT THE RATE OF RS.1,79,200 PER CENT AND ALLOW THE APPEAL WITH COST AND GRANT SUCH OF THE RELIEF AS THIS COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE 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
NC: 2026:KHC:6285-DB COMAP No. 222 of 2023
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 19.04.2023 passed by the Hon'ble District Court, Mangalore in A.P. 22/2022 in which the arbitral award bearing No. C.DIS.ARB(2) NH/LAQ.CR.122/2017-18 Dated 26.10.2021 was confirmed.
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.
WHEREFORE, the Appellant seeks leave of this Hon'ble Court to withdraw the above case, in the interest of justice."
NC: 2026:KHC:6285-DB COMAP No. 222 of 2023
HC-KAR
withdrawn.
Sd/(ANU SIVARAMAN) JUDGE
Sd/(VIJAYKUMAR A. PATIL) JUDGE
RAK List No.: 1 Sl No.: 42
1 provisions across 1 enactments
NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT-MANGALORE
SRI. GANESH B. @ PRAKASH
THE ARBITRATOR AND DEPUTY COMMISSIONER D.K. DISTRICT, MANGALORE
THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NHAI, MANGALURU
ANU SIVARAMAN
VIJAYKUMAR A. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
