National Highway Authority Of ... vs Sri Vinay Kumar Rai
2023 Latest Caselaw 6958 Kant

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                                                          NC: 2023:KHC:35905-DB
                                                          MFA No. 2235 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                              DATED THIS THE 4TH DAY OF OCTOBER, 2023
                                              PRESENT
                                THE HON'BLE MR JUSTICE G.NARENDAR
                                                   AND
                            THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
                      MISCELLANEOUS FIRST APPEAL NO. 2235 OF 2023 (AA)


                      BETWEEN:

                      NATIONAL HIGHWAY AUTHORITY OF INDIA,
                      PIU-MANGALORE,
                      DOOR NO.3-29, BETHEL,
Digitally signed by   THARETHOTA,
YAMUNA K L
                      NEAR PUMPWELL (NH-66),
Location: High
Court of              MANGALORE - 575005
Karnataka             REPRESENTED BY ITS :
                      PROJECT DIRECTOR.
                                                                   ...APPELLANT
                      (BY SRI. SHOBHITH N SHETTY., ADVOCATE)
                      AND:

                      1.    SRI VINAY KUMAR RAI,
                            S/O K. NANHAPPA RAI,
                            MAJOR,
                            RATHI HOUSE,
                            BASTHIPADU HOUSE,
                            JODUMARGA,
                            BANTWAL MUDA TALUK,
                            BANTWAL TALUK.

                      2.    THE COMPETENT AUTHORITY AND
                            SPECIAL LAND ACQUISITION OFFICER,
                            NATIONAL HIGHWAY-48,
                            DTDC COURIER OFFICE BUILDING
                            FIRST FLOOR,
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                                                NC: 2023:KHC:35905-DB
                                                MFA No. 2235 of 2023




     OPP. KSRTC BUS STAND,
     HASSAN - 573201

3.   THE DEPUTY COMMISSIONER AND
     ARBITRATOR,
     DAKSHINA KANNADA DISTRICT,
     MANGALURU - 575008.
                                                      ...RESPONDENTS
     THIS MFA IS FILED UNDER SECTION 37 OF THE
ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER
DATED 15.12.2022 PASSED IN A.P.NO. 63/2021 ON THE FILE
OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE,
DAKSHINA    KANNADA,   MANGALURU,    DISMISSING   THE
PETITION FILED UNDER SECTION 34 OF ARBITRATION AND
CONCILIATION ACT 1996.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
G.NARENDAR J., DELIVERED THE FOLLOWING:

                            JUDGMENT

Learned counsel for the appellant has filed a memo dated

14.09.2023 seeking leaving of this Court to withdraw the

appeal. The memo reads as under:

"MEMO FOR WITHDRAWL That the undersigned Advocate for the Appellant most respectfully submits that above case has been filed against respondents challenging order/award dated 15-12-2022 in A.P.No.63/202, now the Plaintiff in the above case does not wish to proceed against the Defendants in the above matter, therefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to dismiss the

NC: 2023:KHC:35905-DB MFA No. 2235 of 2023

above case as withdrawn, in the interests of justice and equity.

PLACE : BANGALORE Sd/- Sd/- DATED: 14/09/2023. APPELLANT ADVOCATE FOR APPELLANT SHOBHITH N.SHETTY M/s. SNS Law Chambers."

The memo is taken on record.

The appeal is dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

YKL