National Highways Authority ... vs Sri. Bhasker K
2023 Latest Caselaw 881 Kant

                                           -1-
                                                    MFA No. 254 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 13TH DAY OF JANUARY, 2023

                                        BEFORE
                    THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                MISCELLANEOUS FIRST APPEAL NO. 254 OF 2023 (AA)



               BETWEEN:

               NATIONAL HIGHWAYS
               AUTHORITY INDIA
               PROJECT IMPLEMENTATION UNIT
               MANGALORE
               DOOR NO.3-29, BETHEL
               THARETHOTA
               NEAR PUMPWELL(NH-66)
               MANGALORE-575002
               REP BY ITS THE PROJECT DIRECTOR
               H S LINGEGOWDA

                                                           ...APPELLANT
Digitally signed
by               (BY SMT. KAVITHA S.N., ADVOCATE)
DHANALAKSHMI
MURTHY           AND:
Location: High
Court of         1. SRI. BHASKER K
Karnataka
                     S/O GANGAYAY SAPALYA
                     R/AT BHAGYA LAXMI NILAYA
                     UMAPURI, KAPIKAD
                     ULLAL POST AND VILLAGE
                     MANGALURU TALUK

               2.    THE ARBITRATOR AND
                     DEPUTY COMMISSIONER
                     DK DISTRICT
                     MANGALORE-575001
                                   -2-
                                             MFA No. 254 of 2023




3.   THE SPECIAL LAND ACQUISITION OFFICER
     AND COMPETENT AUTHORITY NHAI
     N G O S BUILDING
     MINI VIDHANA SOUDHA COMPOUND
     MANGALURU-575001

                                                  ...RESPONDENTS



        THIS MFA IS FILED UNDER SECTION 37(1)(C) OF THE
ARBITRATION AND CONCILIATION ACT, 1996 AGAINST THE
ORDER        DATED   06.09.2022         PASSED   IN   ARBITRATION
PERITIONNO.104/2021 ON THE FILE OF THE IV ADDITIONAL
DISTRICT       JUDGE    AND    COMMERCIAL    COURT,      DAKSHINA
KANNADA, MANGALURU, DISMISSING THE PETITION                    FILED
UNDER SECTION 34 OF ARBITRATION AND CONCILIATION ACT
1996.

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

                              JUDGMENT

The appeal is posted before the Court regarding

maintainability of appeal.

In similar circumstances, this Court in MFA

No.8412/2022 disposed of on 14.12.2022 has dismissed

the appeal with liberty to file commercial appeal.

MFA No. 254 of 2023

Therefore, in view of the above and also in view of

the circular NO.R(J) 65C/2017 dated 30.10.2017, the

miscellaneous first appeal is not maintainable and the

appellant is required to file commercial appeal.

Accordingly, the appeal is dismissed with liberty to

file commercial appeal.

Registry is directed to return the appeal memo and

certified copies to appellant by replacing them with

Photostat copies for record purpose.

Sd/-

JUDGE

DM