Dismissed¶29

Sri Mahalingegowda v. National High Way Authority of India

Karnataka HC23 Jun 2026MFA/7457/2022

Case brief

AI extract

What is this about?

Non-prosecution dismissal of a Section 37(1)(c) appeal arising from NHAI-related proceedings under Section 3G(6) of the National Highways Act 1956; appellant's counsel marked absent and appellant deemed uninterested in prosecution. No ratio on the merits of the Section 34 order in Arbitration Suit No.3/2021; citable only to show the fate of MFA No. 7457 of 2022 (High Court of Karnataka, 23.06.2026, Pradeep Singh Yerur, J.).

What did the court decide?

Since nobody appeared when the case was called for the second time during the day, and the appellant appeared not interested in prosecuting the 2022 appeal, the court dismissed the appeal for non-prosecution. No substantive issue was adjudicated. ¶27-28

Sri Mahalingegowda Vs National High Way Authority of India — Arbitration | Karnataka HC (2026)

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NC: 2026:KHC:31147 MFA No. 7457 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF JUNE, 2026 BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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MISCELLANEOUS FIRST APPEAL NO. 7457 OF 2022 (AA)

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BETWEEN:

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SRI MAHALINGEGOWDA S/O GAVI GOWDA AGED ABOUT 56 YEARS R/AT BOMMANAHALLI VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK MANDYA DISTRICT 571 418

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…APPELLANT

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(BY SRI. SURENDRA KUMAR N.,ADVOCATE [ABSENT])

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AND:

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

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Location: HIGH COURT OF KARNATAKA

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NATIONAL HIGH WAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT, BENGALURU REP BY ITS PROJECT DIRECTOR SY.NO.13 14^TH K M NAGASANDRA BENGALURU, TUMKUR ROAD N.H 4, BENGALURU - 560 073

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THE SPECIAL LAND ACQUISITION OFFICER CUM COMPETENT AUTHORITY NATIONAL HIGHWAY AUTHORITY NATIONAL HIGHWAY NO.48 NELAMANGALA HASSAN DIVISION, KUNIGAL TOWN TUMKUR DISTRICT 572 130

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NC: 2026:KHC:31147 MFA No. 7457 of 2022

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HC-KAR

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THE DEPUTY COMMISSIONER AND ARBITRATOR MANDYA DISTRICT

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…RESPONDENTS

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 37(1)(C) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER DATED 30.03.2022 PASSED IN ARBITRATION SUIT NO.3/2021 ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, MANDYA, DISMISSING THE APPEAL FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT 1996 R/W SECTION 3G(6) OF THE NATIONAL HIGHWAYS ACT 1956.

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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 MR. JUSTICE PRADEEP SINGH YERUR

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ORAL JUDGMENT

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None appears when the case is called for the second time

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during the day.

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