National Highways Authority Of ... vs Sri. Rajesh Shetty
2023 Latest Caselaw 5582 Kant

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                                                        NC: 2023:KHC:28705
                                                    MFA No. 5521 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. 5521 OF 2023 (AA)
                 BETWEEN:

                 NATIONAL HIGHWAYS AUTHORITY OF INDIA
                 PROJECT IMPLEMENTATION UNIT-MANGALORE
                 DOOR NO.3-29, BETHEL
                 THARETHOTA, 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.    SRI. RAJESH SHETTY
                       S/O MONAPPA SHETTY
                       AGED ABOUT 48 YEARS
Digitally signed
by                     R/A SHETTYPAL HOUSE
DHANALAKSHMI           TALAPADY VILLAGE
MURTHY                 MANGALORE TALUK.
Location: High
Court of         2.    THE ARBITRATOR AND
Karnataka              DEPUTY COMMISSIONER
                       DK DISTRICT, MANGALORE-575001.

                 3.    THE SPECIAL LAND ACQUISITION OFFICER
                       AND COMPETENT AUTHORITY NHAI
                       N G O S BUILDING
                       MINI VIDHANA SOUDHA COMPOUND
                       MANGALORE-575001
                                                           ...RESPONDENTS
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                                          NC: 2023:KHC:28705
                                       MFA No. 5521 of 2023




     THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE
ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER
DATED 05.06.2023    PASSED IN   ARBITRATION PETITION
NO.97/2022 THE FILE OF THE IV ADDITIONAL DISTRICT AND
SESSIONS JUDGE, D.K.MANGALURU, DISMISSING THE
PETITION FILED UNDER SECTION 34 OF THE OF THE
ARBITRATION AND CONCILIATION ACT R/W ORDER VII 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