Karnataka High Court
National Highway Authority Of India vs Smt. Nabeesa on 2 July, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:24602-DB
MFA No. 2715 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 2715 OF 2023 (AA)
BETWEEN:
NATIONAL HIGHWAY AUTHORITY OF INDIA
PIU-MANGALORE
DOOR NO 3-29, BETHEL
THARETHOTA, NEAR PUMPWELL (NH 66)
MANGALORE 575005
REP. BY ITS PROJECT DIRECTOR.
...APPELLANT
(BY SRI. SHOBHITH N SHETTY - ADVOCATE)
Digitally signed AND:
by SUMATHY
KANNAN
1. SMT. NABEESA
Location: High
Court of W/O K P HAMMED
Karnataka MAJOR
BEPADY HOUSE
PERABE VILLAGE
NEAR KNTHOOR
PUTTU TALUK 574285.
2. THE COMPETENT AUTHORITY
AND SPECIAL LAND ACQUITION OFFICER
NATIONAL HIGHWAY-48
DTDC COURIER OFFICE BUILDING
FIRST FLOOR
OPP. KSRTC NEW BUS STAND
HASSAN 573201.
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NC: 2024:KHC:24602-DB
MFA No. 2715 of 2023
3. THE DEPUTY COMMSSIONER AND ABITRATOR
DAKSHINA KANNADA DISTRICT
MANGALUU 575008.
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR- AGA FOR RESPONDENT NO.3)
THIS MFA FILED UNDER SECTION 37(1)(c) OF THE
ARBITRATION AND CONCILIATION ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DT.12.01.2023 PASSED IN
A.P.NO.17/2022 ON THE FILE OF THE IV-ADDITIONAL
DISTRICT AND SESSIONS JUDGE AT DAKSHINA KANNADA,
MANGALURU.
THIS MFA, COMING ON FOR ORDERS, THIS DAY,
K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is directed against the judgment and decree rendered by the Court below in A.P.No.17/2022 dated 12.01.2023 which was initiated under Section 34 of the Arbitration and Conciliation Act, 1996 read with Section 3G (6) of National Highways Act as per Annexure- A. However, learned counsel Sri Shobhith N.Shetty for appellant has filed a memo seeking withdrawal of the -3- NC: 2024:KHC:24602-DB MFA No. 2715 of 2023 appeal. The memo is taken on record. Consequently, the appeal is dismissed as withdrawn.
Sd/-
JUDGE Sd/-
JUDGE DKB