National Highway Authority Of India vs Smt. Nabeesa
2024 Latest Caselaw 15344 Kant

Karnataka High Court

National Highway Authority Of India vs Smt. Nabeesa on 2 July, 2024

Author: K.Somashekar

Bench: K.Somashekar

                                               -1-
                                                      NC: 2024:KHC:24602-DB
                                                       MFA No. 2715 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 2ND DAY OF JULY, 2024

                                           PRESENT
                            THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                               AND
                        THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                   MISCELLANEOUS FIRST APPEAL NO. 2715 OF 2023 (AA)
                   BETWEEN:

                         NATIONAL HIGHWAY AUTHORITY OF INDIA
                         PIU-MANGALORE
                         DOOR NO 3-29, BETHEL
                         THARETHOTA, NEAR PUMPWELL (NH 66)
                         MANGALORE 575005
                         REP. BY ITS PROJECT DIRECTOR.
                                                               ...APPELLANT
                   (BY SRI. SHOBHITH N SHETTY - ADVOCATE)

Digitally signed   AND:
by SUMATHY
KANNAN
                   1.    SMT. NABEESA
Location: High
Court of                 W/O K P HAMMED
Karnataka                MAJOR
                         BEPADY HOUSE
                         PERABE VILLAGE
                         NEAR KNTHOOR
                         PUTTU TALUK 574285.

                   2.    THE COMPETENT AUTHORITY
                         AND SPECIAL LAND ACQUITION OFFICER
                         NATIONAL HIGHWAY-48
                         DTDC COURIER OFFICE BUILDING
                         FIRST FLOOR
                         OPP. KSRTC NEW BUS STAND
                         HASSAN 573201.
                                -2-
                                            NC: 2024:KHC:24602-DB
                                            MFA No. 2715 of 2023




3.   THE DEPUTY COMMSSIONER AND ABITRATOR
     DAKSHINA KANNADA DISTRICT
     MANGALUU 575008.
                                       ...RESPONDENTS

(BY SRI. MAHANTESH SHETTAR- AGA FOR RESPONDENT NO.3)

      THIS MFA FILED UNDER SECTION 37(1)(c) OF THE
ARBITRATION AND CONCILIATION ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DT.12.01.2023 PASSED IN
A.P.NO.17/2022      ON   THE   FILE    OF    THE   IV-ADDITIONAL
DISTRICT AND SESSIONS JUDGE AT DAKSHINA KANNADA,
MANGALURU.

      THIS   MFA,   COMING     ON     FOR   ORDERS,   THIS   DAY,
K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:


                          JUDGMENT

This appeal is directed against the judgment and

decree rendered by the Court below in A.P.No.17/2022

dated 12.01.2023 which was initiated under Section 34 of

the Arbitration and Conciliation Act, 1996 read with

Section 3G (6) of National Highways Act as per Annexure-

A.

However, learned counsel Sri Shobhith N.Shetty for

appellant has filed a memo seeking withdrawal of the

NC: 2024:KHC:24602-DB

appeal. The memo is taken on record. Consequently, the

appeal is dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

DKB