National Highways Authority Of India vs Sri. Mohan K Kotian
2024 Latest Caselaw 26082 Kant

Karnataka High Court

National Highways Authority Of India vs Sri. Mohan K Kotian on 4 November, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                         NC: 2024:KHC:44003
                                                       MFA No. 5284 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY OF NOVEMBER, 2024

                                            BEFORE
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                   MISCELLANEOUS FIRST APPEAL NO. 5284 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 THE PROJECT DIRECTOR
                         ABDULLA JAVED AZMI.
                                                               ...APPELLANT
                   (BY SRI. PRAKASHA V. ANGADI, ADVOCATE)

                   AND:

                   1.    SRI. MOHAN K. KOTIAN,
                         S/O K. KORAGAPPA,
Digitally signed
by DEVIKA M              AGED ABOUT 35 YEARS,
Location: HIGH           R/AT DEVASA HOUSE, KARNAD VILLAGE,
COURT OF                 MULKY - 574 154, MANGALURU TALUK.
KARNATAKA

                   2.    THE ARBITRATOR AND DEPUTY COMMISSIONER,
                         D.K. DISTRICT, MANGALORE - 575 001.

                   3.    THE SPECIAL LAND ACQUISITION OFFICER
                         AND COMPETENT AUTHORITY, NHAI
                         N.G.O.S BUILDING,
                         MINI VIDHANA SOUDHA COMPOUND,
                         MANGALURU - 575 001.
                                                             ...RESPONDENTS
                                   -2-
                                               NC: 2024:KHC:44003
                                             MFA No. 5284 of 2023




     THIS MFA IS FILED UNDER SECTION 37(1)(C) OF THE
ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER
DATED 01.04.2023 PASSED IN A.P.NO.75/2022 ON THE FILE
OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE,
MANGALURU, DISMISSING THE ARBITRATION PETITION FILED
UNDER SECTION 34 OF ARBITRATION AND CONCILIATION
ACT, READ WITH ORDER VII RULE -1 OF C.P.C.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:      HON'BLE MR JUSTICE H.P.SANDESH

                         ORAL JUDGMENT

Learned counsel for the appellant has filed a memo for

withdrawal of the appeal and in the memo, it is stated that in

view of the approval of the Competent Authority for

implementation of the Arbitral Award, sought for permission to

withdraw the appeal.

2. Memo is taken on record. Copy of the approval

letter is also annexed along with memo. The same is also taken

on record. Permission is granted to withdraw the appeal.

3. Hence, the appeal is dismissed as withdrawn.

Sd/-

(H.P.SANDESH) JUDGE

KA

CT: BHK