National Highways Authority Of India vs Sri Puneeth S
2024 Latest Caselaw 26926 Kant

Karnataka High Court

National Highways Authority Of India vs Sri Puneeth S on 11 November, 2024

                                            -1-
                                                     NC: 2024:KHC:45526-DB
                                                     MFA No. 2419 of 2024




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 11TH DAY OF NOVEMBER, 2024

                                         PRESENT
                      THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
                                            AND
                         THE HON'BLE MR. JUSTICE K. V. ARAVIND
                                M.F.A NO. 2419 OF 2024 (AA)


               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 ADBULLA JAVED AZMI
                                                              ...APPELLANT
               (BY SRI HANUMANTHA REDDY G, ADVOCATE)

Digitally      AND:
signed by
PRABHAKAR
SWETHA         1.   SRI PUNEETH S
KRISHNAN            S/O LATE S BALAN @
                    BALAKRISHNA CHETTIYAR
Location:
High Court          AGED ABOUT 40 YEARS
of Karnataka        "SAI SHRADHA", CTS 1121/B/6
                    SHIVAJI NAGAR
                    PUNE-411016

               2.   THE ARBITRATOR AND DEPUTY COMMISSIONER
                    D.K.DISTRICT
                    MANGALORE-575001
                                                         ...RESPONDENTS
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                                        NC: 2024:KHC:45526-DB
                                         MFA No. 2419 of 2024




     THIS MFA FILED UNDER SECTION 37(1)(c) OF THE
ARBITRATION AND CONCILIATION ACT, 1996 AGAINST THE
ORDER DATED 18.12.2023 PASSED IN A.P.NO. 54/2022 ON
THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS
JUDGE, D.K. DISTRICT, MANGALURU AND CONSEQUENTLY
SET ASIDE ARBITRAL AWARD BEARING No.C.DIS.ARB (3)
NH.LAQ.CR.266/2017-18 DATED 19.04.2022 PASSED BY
RESPONDENT NO.2.

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


CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
       N. V. ANJARIA
       and
       HON'BLE MR JUSTICE K. V. ARAVIND


                      ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Learned advocate for the appellant has filed the memo for

withdrawal dated 05.11.2024.

2. The memo reads as under,

"1. That the Appellant, the National Highway Authority of India, Mangaluru; has filed the above appeal against the Respondents.

2. That the Regional Officer of the Appellant has accorded approval for acceptance of the Orders passed by the Deputy Commissioner & Arbitrator, DK District, Mangaluru bearing No. C.DIS.ARB (3) NH.LAQ.CR-266/2017-18 dated 19.04.2022 with respect to payment of compensation for the acquired land in Sy. Nos. 342/7, 342/4, 342/3B, 342/2B &

NC: 2024:KHC:45526-DB

342/4 measuring an extent up to 20, 355, 81, 405 & 90 Square Metres respectively of Balthila Village, Bantwal Taluk, Dakshina Kannada District.

3. 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."

3. Permission is granted to withdraw the appeal.

4. In view of the memo, the writ appeal is dismissed as

withdrawn.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K. V. ARAVIND) JUDGE

KPS