National Highways Authority Of ... vs Smt Ayisha Sheik Dawood
2023 Latest Caselaw 5581 Kant

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                                                          NC: 2023:KHC:28704
                                                        MFA No. 5542 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 14TH DAY OF AUGUST, 2023

                                          BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                 MISCELLANEOUS FIRST APPEAL NO. 5542 OF 2023 (AA)
                 BETWEEN:

                 NATIONAL HIGHWAYS AUTHORITY OF INDIA
                 PROJECT IMPLEMENTATION
                 UNIT MANGALORE, DOOR NO 3-29
                 BETHEL, THARETOTA NEAR PUMPWELL
                 (NH-66) MANGALORE 575002
                 REP BY ITS THE PROJECT DIRECTOR
                 ABDULLA JAVED AZMI
                                                                ...APPELLANT
                 (BY SRI. PRAKASHA ANGADI B V.,ADVOCATE)

                 AND:

                 1.    SMT AYISHA SHEIK DAWOOD
                       W/O SHEIK DAWOOD
                       AGED ABOUT 35 YEARS
Digitally signed       R/AT DAWOOD MANZIL
by                     SOMESHWARA UCHILA POST
DHANALAKSHMI
MURTHY                 MANGALORE TALUK.
Location: High
Court of         2.    THE ARBITRATOR AND
Karnataka              DEPUTY COMMISSIONER
                       D K DISTRIC, MANGALORE 575001.

                 3.    THE SPECIAL LAND ACQUISITION OFFICER
                       AND COMPETENT AUTHORITY
                       NHAI, N G O S, BUILDING
                       MINI VIDHANA SOUDHA COMPOUND
                       MANGALURU 575001
                                                           ...RESPONDENTS
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                                          NC: 2023:KHC:28704
                                       MFA No. 5542 of 2023




     THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE
ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER
DATED 01.06.2023 PASSED IN ARBITRATION PETITION
NO.78/2022   THE FILE OF THE IV ADDITIONAL DISTRICT
JUDGE    AND   COMMERCIAL    COURT,   D.K.MANGALURU,
DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE
ARBITRATION AND CONCILIATION ACT 1996 R/W ORDER 7
RULE 1 OF CPC.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                         JUDGMENT

The learned counsel for the appellant has filed a

memo dated 14.8.2023 stating that the appellant may be

permitted to convert this Miscellaneous First Appeal to

Commercial Appeal.

The memo is placed on record.

In view of the memo filed, appellant is permitted to

convert this appeal to Commercial Appeal.

For statistical purpose, the appeal is disposed of.

Sd/-

JUDGE

DM