Sri Jayaramu M H Vs the Project Director — Arbitration | Karnataka HC (2026)

Sri Jayaramu M H Vs the Project Director — Arbitration | Karnataka HC (2026)

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HC-KAR

NC: 2026:KHC:37190-DB MFA No. 8596 of 2025

CNR: KAHC010766022025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF JULY, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 8596 OF 2025 (AA)

BETWEEN:

SRI JAYARAMU M.H. S/O LATE M. HALAVEGOWDA AGED 58 YEARS R/AT: MUDHUGERE VILLAGE AND POST CHANNAPATNA TALUK RAMANAGARA, BANGALORE SOUTH DISTRICT - 562 117

…APPELLANT

(BY SRI PRAKASH M.H., ADVOCATE)

Digitally signed by K P SWETHA Location: High Court of Karnataka

AND:

THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA NH-275 (MINISTRY OF ROAD TRANSPORT AND HIGHWAYS) PROJECT IMPLEMENTATION UNIT RAMANAGARA, OFFICE AT RAMADEVARAPADA BASAVAPURA, RAMANAGARA - 562 128 REP BY AUTHORISED OFFICER

THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NHAI, NH-275, OFFICE AT NO. 1541 V.V. NAGARA ROAD, 2^ND CROSS VIDHYA NAGAR, MAHAVEER CIRCLE

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HC-KAR

NC: 2026:KHC:37190-DB MFA No. 8596 of 2025

CNR: KAHC010766022025

MANDYA - 571 401, REP. BY AUTHORISED OFFICER

THE DEPUTY COMMISSIONER AND ARBITRATOR RAMANAGARA DIST - 562 117 NOW, BANGALORE SOUTH DISTRICT

…RESPONDENTS

(BY SRI PRASAD K.R. RAO, ADVOCATE FOR SRI PADMANABHA HOLLA S., ADVOCATE FOR R-1 & 2; SMT. NAMITHA MAHESH B.G., AGA FOR R-3)

THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DT. 30.11.2024 PASSED IN A.P.NO. 79/2021 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA AND CONSEQUENTLY RESTORE THE AWARD DATED: 10.12.2020 IN No. LAQ(A)/NH-275/CR-42/201718 & ETC.

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

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

The appellant has filed the above captioned appeal under

Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 [ A&C Act ] impugning a judgment dated 30.11.2024 passed by

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HC-KAR

NC: 2026:KHC:37190-DB MFA No. 8596 of 2025

CNR: KAHC010766022025

the Principal District and Sessions Judge, Ramanagara in Arbitration Petition No.79/2021.

The present appeal has been filed after an inordinate delay of 266 days. The appellant has also filed an applicationI.A.No.1/2025 seeking condonation of delay. However, we find no credible explanation for the said delay.

It is the appellant's case that although the impugned judgment was passed on 30.11.2024, he had applied for a certified copy on 09.10.2025, which was delivered on 16.10.2025. There is no explanation whatsoever as to the reason for delay in applying for the certified copy. There is also no ground set out which could possibly prevent the appellant from filing the present appeal within the stipulated period. The appellant states that since part of the compensation had been deposited, he was advised to wait for the response of the respondents that they would deposit the remaining amount.

Although, the respondents had challenged the award under Section 3G(5) of the National Highways Act, 1956 and had also deposited the part of the compensation on

4 - NC: 2026:KHC:37190-DB MFA No. 8596 of 2025

HC-KAR

CNR: KAHC010766022025

21.03.2023, pending consideration of their application to set aside the award there is no ground for the appellant to refrain from challenging the impugned judgment, whereby the award has been set aside.

Since the appellant has not established that there was any cause which prevented the appellant from filing the appeal within the stipulated period, the delay in filing the same cannot be condoned. The application-I.A.No.1/2025 is accordingly

dismissed. Consequently, the appeal is dismissed as well.

Sd/(VIBHU BAKHRU) CHIEF JUSTICE

Sd/(K.S. HEMALEKHA) JUDGE

KPS List No.: 1 Sl No.: 20