S.A. Bhagavan Setty vs The Competent Authority
2024 Latest Caselaw 19151 Kant

Karnataka High Court

S.A. Bhagavan Setty vs The Competent Authority on 31 July, 2024

                                                   -1-
                                                          NC: 2024:KHC:30385-DB
                                                            MFA No.4806/2016




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 31ST DAY OF JULY, 2024
                                             PRESENT
                            THE HON'BLE MRS JUSTICE K.S.MUDAGAL
                                                   AND
                          THE HON'BLE MR JUSTICE VENKATESH NAIK T
                     MISCELLANEOUS FIRST APPEAL No.4806/2016 (AA)
                   BETWEEN:

                          S.A.BHAGAVAN SETTY
                          SINCE DEAD BY HIS LR'S

                   (i)    NAGARATHNA
                          W/O S A BHAGAVAN SETTY
                          AGED ABOUT 68 YEARS
                          R/AT NO.134, UNICON WHITELEAF
                          3RD MAIN, SUNCITY LAYOUT
                          J.P NAGAR, 7TH PHASE
                          BENGALURU- -560 078

                   (ii)   S B PALLAVI
                          D/O S A BHAGAVAN SETTY
                          AGED ABOUT 31 YEARS
                          R/AT NO.27/3, 1ST FLOOR
Digitally signed          7TH MAIN, JAYANAGAR 2ND BLOCK
by PRABHU                 BENGALURU - 560 011
KUMARA
NAIKA
Location: High     (iii) S B GOWTHAM
Court of                 S/O S A BHAGAVAN SETTY
Karnataka
                         AGED ABOUT 28 YEARS
                         R/AT NO.134, UNICON WHITELEAF
                         3RD MAIN, SUNCITY LAYOUT
                         J.P NAGAR, 7TH PHASE
                         BENGALURU - 560 078                     ...APPELLANTS

                   (BY SMT VANITHA U M, ADVOCATE)
                   AND:

                   1.     THE COMPETENT AUTHORITY
                          (LAND ACQUISITION)
                          NATIONAL HIGHWAYS AUTHORITY OF INDIA
                          DAVANAGERE - 577 001
                               -2-
                                         NC: 2024:KHC:30385-DB
                                           MFA No.4806/2016




2.   THE PROJECT DIRECTOR
     NATIONAL HIGHWAYS AUTHORITY OF INDIA
     CHITRADURGA - 577 501

3.   THE DEPUTY COMMISSIONER
     CHITRADURGA DISTRICT
     CHITRADURGA - 577 501                   ...RESPONDENTS
(BY SMT.SHILPA SHAH, ADVOCATE FOR R2; R1 SERVED)
     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1)(b) OF ARBITRATION AND CONCILIATION ACT,
1996 PRAYING TO SET ASIDE THE ORDER DATED 16.04.2016
PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE,
CHITRADURGA IN A.O.S.NO.28/2014 DISMISSING THE PETITION
FILED UNDER SECTION 34(2) OF THE ARBITRATION AND
CONCILIATION ACT.

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

CORAM:       HON'BLE MRS JUSTICE K.S.MUDAGAL
             AND
             HON'BLE MR JUSTICE VENKATESH NAIK T

                        ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)

No representation for the appellants. Office objection

on I.A.No.1/2018 is not complied since last six years. Hence,

I.A.No.1/2018 and consequently, the appeal are dismissed.

Sd/-

(K.S.MUDAGAL) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE KSR