The Executive Engineer vs Mr M P Nrupathunga
2024 Latest Caselaw 27273 Kant

Karnataka High Court

The Executive Engineer vs Mr M P Nrupathunga on 13 November, 2024

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                                                      NC: 2024:KHC:46140-DB
                                                     COMAP No. 469 of 2024




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU


                      DATED THIS THE 13TH DAY OF NOVEMBER, 2024


                                         PRESENT

                      THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE

                                               AND

                         THE HON'BLE MR. JUSTICE K. V. ARAVIND

                          COMMERCIAL APPEAL NO. 469 OF 2024

               BETWEEN:

               1.   THE EXECUTIVE ENGINEER
                    PUBLIC WORKS PORT AND INLAND,
                    WATER TRANSPORT DEPARTMENT,
                    MYSURU DIVISION,
                    MYSURU - 570 010.
               2.   THE PRINCIPAL SECRETARY TO GOVERNMENT
                    PUBLIC WORKS DEPARTMENT,
                    GOVERNMENT OF KARNATAKA,
Digitally           VIKASA SOUDHA,
signed by           BENGALURU - 560 001.
AMBIKA H B                                              ...APPELLANTS
Location:      (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
High Court
of Karnataka   AND:

               1.   MR. M. P. NRUPATHUNGA
                    S/O. PUTTASWAMY,
                    AGED ABOUT 39 YEARS,
                    R/AT NO. 284, 3RD CROSS,
                    BANDIGOWDA LAYOUT,
                    MANDYA - 571 401.
                                                            ...RESPONDENT
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                                        NC: 2024:KHC:46140-DB
                                       COMAP No. 469 of 2024




     THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13
(1A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH
SECTION 37 (1) (C) OF THE ARBITRATION AND CONCILIATION ACT,
1996 PRAYING TO ADMIT THE PRESENT COMMERCIAL APPEAL
AND CALL FOR THE RECORDS IN COM.A.P. NO.199/2023, DATED
30.03.2024, PASSED BY THE HON'BLE LXXXIV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE (CCH-85) (COMMERCIAL COURT) AT
BENGALURU AND ETC.,

     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) In view of the memo dated 07.11.2024 filed by learned High

Court Government Pleader in which, he has stated that since two

appeals have been filed against the same order, Commercial

Appeal No.469 of 2024 may be permitted to be withdrawn.

2. Permission is granted.

3. As per the memo, the present appeal is disposed of as

withdrawn.

NC: 2024:KHC:46140-DB

In view of disposal of the appeal, the interlocutory

applications would not survive and they stand accordingly disposed

of.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K. V. ARAVIND) JUDGE CR