National Highways Authority Of India vs Sri Suresh Shetty
2024 Latest Caselaw 19039 Kant

Karnataka High Court

National Highways Authority Of India vs Sri Suresh Shetty on 30 July, 2024

                                        -1-
                                                       NC: 2024:KHC:30445
                                                  MFA No. 3313 of 2023




            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 30TH DAY OF JULY, 2024

                                     BEFORE
             THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
            MISCELLANEOUS FIRST APPEAL NO. 3313 OF 2023 (AA)
            BETWEEN:

                 NATIONAL HIGHWAYS AUTHORITY OF INDIA
                 PROJECT IMPLEMENTATION
                 UNIT- MANGALORE
                 DOOR NO 3-29, "BETHEL",
                 THARETHOTA, NEAR PUMPWELL (NH-66) MANGALORE -
                 575 002
                 REPRESENTED BY ITS
                 PROJECT DIRECTOR,
                 H.S.LINGEGOWDA
                                                          ...APPELLANT
            (BY SRI. PRAKASHA ANGADI B.V., ADVOCATE)

            AND:

            1.   SRI SURESH SHETTY
                 S/O LOKAYYA SHETTY
                 AGED ABOUT 38 YEARS
Digitally        R/AT KAJEKKARU, UPPINANGADY VILLAGE
signed by
MEGHA            PUTTUR TALUK
MOHAN
            2.   THE ARBITRATOR AND DEPUTY COMMISSIONER
Location:
                 D.K.DISTRICT
HIGH
COURT OF         MANGALURU - 575 001
KARNATAKA
            3.   THE SPECIAL LAND ACQUISITION OFFICER
                 AND COMPETENT AUTHORITY, NHAI
                 NH- 75 (48) HASSAN B.C. ROAD,
                 DIVISION, OPP. HDCC BANK
                 HASSAN
                                                           ...RESPONDENTS

                 THIS MFA FILED UNDER SECTION 37(1)(c) OF THE
            ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER
            DATED 04.03.2023 PASSED IN    ARBITRATION AND PETITION
            NO.9/2022 ON THE FILE OF THE I ADDITIONAL DISTRICT AND
                                 -2-
                                               NC: 2024:KHC:30445
                                           MFA No. 3313 of 2023




SESSIONS JUDGE, MANGALURU, DISMISSING THE ARBITRATION
PETITION FILED UNDER SECTION 34 OF A AND C ACT R/W ORDER
VII RULE 1 OF CPC.

     THIS APPEAL, COMING ON FOR ORDERS,                 THIS   DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE SMT. JUSTICE LALITHA KANNEGANTI


                          ORAL ORDER

A memo is filed by the learned counsel for the appellant

stating that the appeal is filed challenging the judgment in

A.P.No.9/2022 dated 04.03.2022 and in view of the approval of

the Competent Authority for implementation of the Arbitral

Award, the appellant seeks withdrawal of the appeal. The

memo is taken on record.

Accordingly, the appeal is dismissed as withdrawn.

All I.As., if any in the appeal shall stand closed.

SD/-

(LALITHA KANNEGANTI) JUDGE

TS