National Highways Authority Of India vs Sri. Prabhakar Shetty
2024 Latest Caselaw 6537 Kant

Karnataka High Court

National Highways Authority Of India vs Sri. Prabhakar Shetty on 5 March, 2024

Author: Chief Justice

Bench: Chief Justice

                                                 -1-
                                                          NC: 2024:KHC:9260-DB
                                                        COMAP No. 426 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 5TH DAY OF MARCH, 2024

                                              PRESENT
                             THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE
                                                AND
                       THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
                                 COMMERCIAL APPEAL NO. 426 OF 2023

                      BETWEEN:

                      1.   NATIONAL HIGHWAYS AUTHORITY OF INDIA
                           PROJECT IMPLEMENTATION UNIT
                           DOOR NO.3-29, BETHEL, THARETHOTA
                           NEAR PUMPWELL (NH-66)
                           MANGALORE - 575 005
                           REPRESENTED BY ITS DGM (TECH)
                           AND PROJECT DIRECTOR
                           SRI ABDULLA JAVED AZMI
                                                              ...APPELLANT

Digitally signed by
                      (BY SRI G. HANUMANTHA REDDY, ADVOCATE)
VASANTHAKUMARY
BK
Location: HIGH        AND:
COURT OF
KARNATAKA
                      1.   SRI PRABHAKAR SHETTY, MAJOR
                           S/O N BHANDARY SHETTY
                           R/AT KOLNADU GUTHU HOUSE
                           BALLAIRU VILLAGE
                           HALEYANGADI POST
                           MANGALURU - 574 146

                      2.   THE ARBITRATOR AND
                           DEPUTY COMMISSIONER
                               -2-
                                          NC: 2024:KHC:9260-DB
                                        COMAP No. 426 of 2023




    D.K. DISTRICT
    MANGALORE - 575 001
                                              ...RESPONDENTS

      THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
13(1-A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING
TO SET ASIDE THE JUDGMENT AND DECREE DATED
02.09.2023 PASSED BY IV ADDITIONAL DISTRICT JUDGE AND
COMMERCIAL COURT, D.K., MANGALURU IN ARBITRATION
PETITION NO.165/2022 AND CONSEQUENTLY SET ASIDE
ARBITRAL AWARD        DATED    26.07.2022 PASSED   BY
RESPONDENT NO.2.

     THIS COMMERCIAL APPEAL COMING ON FOR ORDERS
THIS DAY, T.G.SHIVASHANKARE GOWDA J., DELIVERED THE
FOLLOWING:

                          JUDGMENT

Learned advocate for the appellant has filed a memo dated

23.02.2024 seeking permission to withdraw the appeal.

2. The memo reads as follows,

"That the Appellant, the National Highway Authority of India, Mangaluru; has accorded approval for acceptance of the Orders passed by the Deputy Commissioner & Arbitrator, DK District, Mangaluru in Arbitration Case No.C.DIS.ARB. (2) NH.LAQ.CR.78/2018-19 dated 26.07.2022 with respect to Sy.No.29/6A2, measuring an extent up to 152 Square Metres of Bellairu Village, Mangalore Taluk, Dakshina Kannada District.

NC: 2024:KHC:9260-DB

In view of the said approval by the Appellant, it is decided to withdraw this Appeal. Hence the same may be withdrawn as not pressed.

Wherefore, it is prayed that this Hon'ble Court may be pleased to permit the Appellant to withdraw the above Appeal as not pressed in the interest of justice and equity."

3. The memo is placed on record. Permission is granted.

Accordingly, the appeal is dismissed as withdrawn.

In view of dismissal of the appeal, interlocutory applications,

if any, shall not survive for consideration and they stand disposed

of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

BKV