Karnataka High Court
National Highways Authority Of India vs Sri Sri Jagadguru Shankaracharya on 6 June, 2024
Author: K.Somashekar
Bench: K.Somashekar
-1-
NC: 2024:KHC:19605-DB
MFA No. 632 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 632 OF 2023 (AA)
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLIMENTATION UNIT-MANGALORE
DOOR NO 3-29, "BETHEL"
THARETHOTA, NEAR PUMPEWELL (NH 66)
MANGALORE 575002
REP. BY ITS PROJECT DIRECTOR
H S LINGEGOWDA.
...APPELLANT
Digitally
signed by (BY SRI. PRAKASHA ANGADI B V - ADVOCATE)
SUMATHY
KANNAN AND:
Location:
High Court 1. SRI SRI JAGADGURU SHANKARACHARYA
of Karnataka
MAHASAMSTHANAM, DAKSHINAMANYA
SRI SHARADA PEETHAM, SRINGERI
THROUGH GPA HOLDER:
SRI SRINGESHWARA RAO
CEO AND ADMINISTRATOR.
2. THE ARBITRATOR AND DEPUTY COMMISSIONER
D K DISTRICT, MANGALORE 575001.
3. THE SPECIAL AND ACQUISTION OFFICER
AND COMPETENT AUTHORITY, NHAI
NGOS BUILDING
MINI VIDHANA SOUDHACOMPOUND
MANGALURU 575001.
...RESPONDENTS
-2-
NC: 2024:KHC:19605-DB
MFA No. 632 of 2023
THIS MFA FILED UNDER SECTION 37(1)(c) OF THE
ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO
SET ASIDE THE JUDGMENT DATED 03.09.2022 PASSED IN
AP.NO.101/2021 ON THE FILE OF THE IV-ADDITIONAL
DISTRICT AND SESSIONS JUDGE, COMMERCIAL COURTS,
D.K.MANGALURU, CONSEQUENTLY SET ASIDE THE ARBITRAL
AWARD/ORDER IN NO.C.DIS.ARB (2) NH LAQ.CR.102/2018-19
DATED 14.09.2021 PASSED BY THE RESPONDENT NO.2.
INSOFAR AS THE ENHANCEMENT MADE BY THE RESPONDENT
NO.2 AT THE RATE OF RS.1,45,600/- PER CENT AND ALLOW
THE APPEAL WITH COST.
THIS MFA, COMING ON FOR ORDERS, THIS DAY,
K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
Sri Prakasha Angadi B V, learned counsel for the
appellant is present before the Court physically.
In this matter I.A.No. 4/2023 is filed under Order 41
Rule 1 R/ w Section 151 of the Code of Civil Procedure
seeking permission to convert the appeal as Commercial
Appeal and to amend the petition. But the commercial
appeal has to be preferred by the aggrieved party within a
period of 90 days.
NC: 2024:KHC:19605-DB
This appeal is filed challenging the judgment dated
03.09.2022 passed by the IV Additional District and
Sessions Judge, D K District Mangalore in A P
No.101/2021 by urging various grounds. Wherein the said
proceedings were initiated by the Petitioner - National
Highways Authority of India against the respondent - Sri
Sri Jagadguru Shankaracharya Mahasamsthanam,
Dakshinamnaya, Sri Sharada Peetham, Sringeri. But the
said appeal is nomenclature as MFA. In this regard,
Registry has raised an objection regarding the conversion
of the above appeal as Commercial Appeal.
Learned counsel for the appellant has filed a memo
dated 06.06.2024 seeking leave of this Court to withdraw
the subject MFA with liberty to file the Commercial Appeal.
Therefore, memo is placed on record. Consequently, the
appellant is permitted to withdraw the appeal with liberty
as sought for.
Accordingly, appeal is disposed as withdrawn.
NC: 2024:KHC:19605-DB
In view of disposal of the appeal, if any IA pending,
same shall stand disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
RJ
