National Highways Authority of India Vs Sri. Shekar Bangera — Karnataka HC (2026) — LawSathi Research

National Highways Authority of India Vs Sri. Shekar Bangera — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal dismissed as withdrawn on acceptance of the memo; Registry directed to refund the deposited amount of Rs.1,89,844/- in favour of the Special Land Acquisition Officer and Competent Authority, NHAI, as sought for; all pending interlocutory applications disposed of.

Issue for consideration

Whether the judgment dated 05/07/2023 in Suit A.P.No.83/2022 and, consequently, the arbitral award / order dated 19/04/2022 passed by the 2nd respondent, insofar as the enhancement made at the rate of Rs.1,23,200-00 percent, were liable to be set aside (raised by the prayer clause; not adjudicated as the appeal was withdrawn)

Ratio / Principle

The memo for withdrawal submitted by the appellant is accepted.

Key takeaways

The appeal is dismissed as withdrawn.ratio¶¶46
The Registry shall refund the deposited amount in favour of the Special Land Acquisition Officer and Competent Authority, National Highways Authority of India, as sought for.ratio¶¶47
All pending interlocutory applications shall stand disposed of.ratio

Detailed headnote1 paragraphs

Commercial Appeal (COMAP No. 316 of 2023) under Section 13(1)(a) of the Commercial Courts Act, 2015 by NHAI, Project Implementation Unit-Mangalore, challenging the judgment dated 05/07/2023 of the Hon'ble IV Additional District Judge and Commercial Court, D.K. District, Mangalore in Suit A.P.No.83/2022 and, consequently, the arbitral award / order No. C.DIS.ARB(2).NH.LAQ.CR-174/2017-18 dated 19/04/2022 passed by the 2nd respondent (Arbitrator and Deputy Commissioner), insofar as the enhancement made at the rate of Rs.1,23,200-00 percent. Before adjudication, learned counsel for the appellant submitted that the authority had decided to withdraw the appeal, the Competent Authority having approved implementation of the Arbitral Award, and filed a memo for withdrawal recalling the appeal (interim stay of 10.01.2024 had been granted subject to deposit of the entire enhanced compensation, whereupon Rs.1,89,844/- was deposited vide DD No.519527 dated 28.02.2024). The Bench (Anu Sivaraman and Venkatesh Naik T, JJ.; oral judgment per Anu Sivaraman, J.) accepted the memo, dismissed the appeal as withdrawn, directed the Registry to refund the deposited amount to the Special Land Acquisition Officer and Competent Authority, NHAI, and disposed of all pending interlocutory applications. No issue on the merits was decided.

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NC: 2026:KHC:28778-DB COMAP No. 316 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF JUNE, 2026

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

COMMERCIAL APPEAL NO. 316 OF 2023

BETWEEN:

NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT-MANGALORE, DOOR NO.3-29, "BETHEL", THARETHOTA, NEAR PUMPWELL (NH-66), MANGALORE-575 002, REP. BY ITS THE PROJECT DIRECTOR, ABDULLA JAVED AZMI.

…APPELLANT

(BY MRS. SHALINI, ADVOCATE FOR SRI. PRAKASHA V. ANGADI, ADVOCATE)

Digitally signed by ANJALI M Location: High Court of Karnataka

AND:

SRI. SHEKAR BANGERA S/O. RAMA SALIAN, AGED ABOUT 40 YEARS, R/AT NEAR KULALA MANDIRA KOLYA, SOMESHWARA VILLAGE, KOTEKAR POST, MANGALORE TALUK-575 001.

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

THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY,

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NC: 2026:KHC:28778-DB COMAP No. 316 of 2023

HC-KAR

NHAI, N.G.O.S. BUILDING, MINI VIDHANA SOUDHA COMPOUND, MANGALURU-575 001.

…RESPONDENTS

(BY SRI. ADITYA VIKRAM BHAT, AGA FOR R2; V/C/O DATED 10.01.2024 NOTICE TO R3 IS DISPENSED WITH)

THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE JUDGMENT DATED 05/07/2023 IN THE SUIT A.P.NO.83/2022 PASSED BY THE HON'BLE IV ADDITIONAL DISTRICT JUDGE AND COMMERCIAL COURT, D.K. DISTRICT, MANGALORE, CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD / ORDER IN NO. C.DIS.ARB(2).NH.LAQ.CR-174/2017-18 DATED 19/04/2022 PASSED BY THE 2^ND RESPONDENT. INSOFAR AS THE ENHANCEMENT MADE BY THE 2^ND RESPONDENT AT THE RATE OF RS.1,23,200-00 PERCENT 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 VENKATESH NAIK T

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NC: 2026:KHC:28778-DB COMAP No. 316 of 2023

HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

Learned counsel for the appellant submits that the authority has decided to withdraw the appeal and that a memo for withdrawal has also been placed on record.

The memo reads as follows:

MEMO FOR WITHDRAWAL

"The Appellant submit as under:

The above appeal filed challenging the Judgment dt:05.07.2023 passed by the Hon'ble District Court, Mangalore in A.P 83/2022.

In the above appeal, this Hon'ble Court was pleased to pass an order Dt:10.01.2024 granting interim order of stay subject to deposit of entire enhanced compensation amount before this Hon'ble Court, accordingly a sum of Rs.1,89,844/- has been deposited vide DD bearing No.519527 Dt:28.02.2024.

It is submitted that in view of the approval of the Competent Authority for implementation of the Arbitral Award, the Appellant prays that this Hon'ble Court be pleased to permit the Appellant to withdraw the above case as not pressed and to pass necessary orders for refund of the deposited amount in favour of SLAO and CA to the A/c bearing No.1912921063, IFSC KKBK0007937, Kotak Mahindra Bank.

WHEREFORE, the memo may kindly be accepted on record, in the interest of justice."

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NC: 2026:KHC:28778-DB COMAP No. 316 of 2023

HC-KAR

Accordingly, the memo is accepted. The appeal is

dismissed as withdrawn .

The Registry shall refund the deposited amount in favour of the Special Land Acquisition Officer and Competent Authority, National Highways Authority of India, as sought for.

All pending interlocutory applications shall stand disposed

of.

Sd/(ANU SIVARAMAN) JUDGE

Sd/(VENKATESH NAIK T) JUDGE

AM

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