Sri.T.Lakshminarayana vs National Highway Authority Of ...
2023 Latest Caselaw 3744 Kant

                                              -1-
                                                    NC: 2023:KHC:22152
                                                      MFA No. 9525 of 2017




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 27TH DAY OF JUNE, 2023

                                          PRESENT
                          THE HON'BLE MR JUSTICE ALOK ARADHE
                                              AND
                   THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                   MISCELLANEOUS FIRST APPEAL NO. 9525 OF 2017 (AA)


                   BETWEEN:

                        SRI.T.LAKSHMINARAYANA
                        S/O LATE SRI T. THIMMAPPA
                        AGED ABOUT 52 YEARS
                        NO.36, NEAR K N INN HOTEL
                        KRISHNARAJAPURAM
                        BENGALURU EAST TALUK
                        BENGALURU.
                                                             ...APPELLANT

Digitally signed   (BY SRI. VIVEK SUBBA REDDY, SR. COUNSEL FOR
by BELUR           SRI. JAYARAM K., ADVOCATE)
RANGADHAMA
NANDINI
Location: HIGH
COURT OF           AND:
KARNATAKA

                   1.   NATIONAL HIGHWAY AUTHORITY OF INDIA
                        SY NO.13, NAGASANDRA VILALGE,
                        14TH K M FROM BANGALORE TUMKUR ROAD,
                        BANGALORE-560 073
                        REPRESENTED BY PROJECT DIRECTOR.
                              -2-
                                      NC: 2023:KHC:22152
                                        MFA No. 9525 of 2017




2.   THE DEPUTY COMMISSIONER
     & ARBITRATOR
     BENGALURU CITY DISTRICT
     BENGALURU
3.   THE ASSISTANT COMMISSIOENR
     & COMPETENT AUTHORITY
     (PRESENTLY SPL LAND ACQUISITION
     OFFICER AND COMPETENT AUTHORITY
     NH-4) NH-4 3RD MAIN, PALASANDRA
     LAYOUT, GULPET KOLAR
                                              ...RESPONDENTS
(BY SMT.SHILPA SHAH, ADV. FOR R1,
SRI.LAXMI NARAYAN, AGA FOR R2 AND R3)

     THIS MFA IS FILED U/S 37(1)(b) OF THE
ARBITRATION AND CONCILIATION ACT, 1996, AGAINST
THE JUDGMENT AND DECREE DATED 19/10/2016, PASSED
IN A.S. NO.8/2013, ON THE FILE OF THE VI ADDITIONAL
CITY CIVIL & SESSIONS JUDGE, (CCH-11), BENGALURU
CITY, ALLOWING THE SUIT FILED U/SEC.34(2) OF THE
ARBITRATION AND CONCILIATION ACT, 1996.

     THIS APPEAL COMING ON FOR ADMISSION, THIS
DAY, ALOK ARADHE J. DELIVERED THE FOLLOWING:

                          JUDGMENT

Sri.Vivek Subba Reddy, learned Senior Counsel for

the appellant and Smt.Shilpa Shah, learned counsel for

respondent No.1.

2. This appeal under Section 37(1)(b) of the

Arbitration and Conciliation Act, 1996 has been filed

NC: 2023:KHC:22152 MFA No. 9525 of 2017

against the judgment dated 19.10.2016 passed by the

Trial Court by which, on a petition being filed by National

Highway Authority of India under Section 34(2) of the

Arbitration and Conciliation Act, 1996, (hereinafter

referred to as 'the Act'), the award dated 7th November,

2012 passed by the Arbitrator has been set aside and the

matter has been remitted to the Arbitral Tribunal for

adjudication afresh.

3. We have heard learned Senior Counsel for the

appellant and the learned counsel for respondent No.1.

4. The Hon'ble Supreme Court in the case of

KINNARI MULLICK AND ANOTHER Vs. GHANSHYAM DAS

DAMANI reported in 2018(11) S.C.C. 328 has held that

the Court in exercise of powers under Section 34(4) of the

Act may order a remand only in the circumstances

enumerated under Section 34(4) of the Act.

5. Similar view has been taken by the Hon'ble

Supreme Court in SSANGYONG ENGINEERING &

NC: 2023:KHC:22152 MFA No. 9525 of 2017

CONSTRUCTION CO. LTD. VS. NATIONAL HIGHWAYS

AUTHORITY OF INDIA LTD. reported in 2019(15)

S.C.C.131 and SOUTH EAST ASIA MARINE ENGINEERING

& CONSTRUCTIONS LIMITED VS. OIL INDIA LIMITED

reported in 2020 (5) - S.C.C. - 164.

6. In the instant case, it does not fall under the

contingencies mentioned in Section 34(4) of the Act. The

Trial Court, therefore, could not have set aside the award

dated 7th November 2012 passed by the Arbitrator in

proceedings under Section 34(2) of the Act.

7. For the aforementioned reasons, order dated

19.10.2016 passed by the Trial Court is set aside. The

matter is remitted to the Trial Court to afford an

opportunity of hearing to the parties and to decide the

objections preferred by National Highway Authority of

India afresh.

8. Needless to state that since the award was passed

on 7th November, 2012, the Trial Court shall make an

NC: 2023:KHC:22152 MFA No. 9525 of 2017

endevour to decide the petition filed by the National

Highway Authority of India within an outer limit of two

months from today.

Needless to state that all contentions are kept open

to be agitated by the Trial Court.

Accordingly, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

AP