Karnataka High Court
National Highways Authority Of India vs Smt.K.Mangamma W/O Sri. Ramnjaneyulu on 3 June, 2024
Author: S G Pandit
Bench: S G Pandit
-1-
NC: 2024:KHC-D:7313-DB
MFA No.102868 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCELLANEOUS FIRST APPEAL NO.102868 OF 2019 (AA)
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY
OF INDIA
PROJECT IMPLEMENTATION UNIT-HOSPET,
C-10, "SHREE NILAYAM", 1ST MAIN,
2ND CROSS, VIVEKANANDA NAGAR,
BEHIND RTO OFFICE,
HOSAPETE-583201,
REPRESENTED BY ITS PROJECT DIRECTOR,
MR.K.N. AJAY MANI KUMAR.
...APPELLANT
(BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE)
Digitally
signed by
JAGADISH T
R
JAGADISH Location: AND:
TR HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
1. SMT.K. MANGAMMA
W/O SRI. RAMANJANEYULU,
SINCE DECEASED BY HIS LRS
1a. SHRI K. RAMBABU
AGE: 59 YEARS,
OCC: AGRICULTURE,
1b. SMT. P. SANDHYA
AGE: 56 YEARS,
OCC: HOUSEHOLD WORK,
1c. SHRI K. RAMANAMMA
-2-
NC: 2024:KHC-D:7313-DB
MFA No.102868 of 2019
AGE: 53 YEARS,
OCC: AGRICULTURE,
ALL ARE R/O. 13TH WARD, INDIRANAGAR,
TB DAM, HOSAPETE TALUK,
DIST: VIJAYANAGAR-587201.
2. THE SPECIAL LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
HOSAPETE.
NOW CHANGED TO: THE SPECIAL LAND
ACQUISITION OFFICER & COMPETENT
AUTHORITY,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
BALLARI, HOUSE NO.158C, 25TH WARD,
LLC COLONY, CANTONMENT,
BALLARI DISTRICT-583104.
3. THE ARBITRATOR/DEPUTY COMMISSIONER
BALLARI DISTRICT,
OFFICE OF THE DISTRICT MAGISTRATE,
RAILWAY STATION ROAD,
OPPOSITE RAILWAY STATION,
BALLARI-583101.
...RESPONDENTS
(BY SMT. ARCHANA A. MAGADUM, ADVOCATE FOR R1(a) to 1(c)
SRI. SHIVASAI M. PATIL ADVOCATE FOR R2
SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE FOR R3)
THIS MFA IS FILED 37(1)(b) OF THE ARBITRATION AND
CONCILIATION ACT 1996, AGAINST THE JUDGMENT DATED
16.03.2019 PASSED IN ARBITRATION NO. 7/2019 ON THE FILE OF
THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE
(COMMERCIAL COURT) BALLARI ALLOWING THE APPLICATION
FILED UNDER SECTION 34 OF THE ARBITRATION AND
CONCILIATION ACT 1996.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
S G PANDIT, J., DELIVERED THE FOLLOWING:
-3-
NC: 2024:KHC-D:7313-DB
MFA No.102868 of 2019
JUDGMENT
Though this appeal is listed for orders, with the
consent of the learned counsels for the parties, the
same is taken up for final disposal.
2. This appeal is by the National Highways
Authority of India, defendant No.2 before the
Commercial Court, challenging the judgment dated
16.03.2019 in A.S. No.7/2019 passed by the IV
Additional District & Sessions Judge (Commercial
Court), Ballari, by which the application filed by the
plaintiff under Section 34 of the Arbitration and
Conciliation Act, 1996 was allowed setting aside the
awards dated 16.02.2013 and 14.10.2015. The said
judgment was a common judgment passed in A.S.
Nos.1/2019 to 7/2019.
3. Learned counsels appearing for the parties
would submit that connected appeals challenging
common judgment in A.S. Nos.1 to 6 of 2019 were
disposed of by judgment dated 01.10.2020 passed in
NC: 2024:KHC-D:7313-DB
M.F.A. No.102862/2019 and connected appeals
remanding the matter to the Deputy
Commissioner/Arbitrator for fresh disposal in
accordance with law. Learned counsels would pray
for disposal of the present appeal also in terms of
the said judgment, since the present appeal arises
from the same common judgment.
4. Since the common judgment passed in
A.S. Nos.1/2019 to 6/2019 is disposed of by
judgment dated 01.10.2020 in M.F.A.
No.102862/2019 and connected appeals, this
appeal, which arises out of the same judgment dated
16.03.2019, stands disposed of in the same terms
with the following:
ORDER
i) The appeal is allowed.
ii) The judgment dated 16.03.2019 passed
in A.S. No.7/2019 by the IV Additional
NC: 2024:KHC-D:7313-DB
District and Sessions Judge (Commercial
Court), Ballari, is set aside.
iii) The matter is remitted to the Deputy
Commissioner/Arbitrator for fresh
disposal in accordance with law.
iv) Parties shall appear before the Arbitrator
on 24.06.2024 at 11.00 a.m. without
expecting any fresh notice.
Sd/-
JUDGE
Sd/-
JUDGE
KMS
