National Highways Authority Of India vs Sri Shivaram Kille
2024 Latest Caselaw 25502 Kant

Karnataka High Court

National Highways Authority Of India vs Sri Shivaram Kille on 25 October, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

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                                                         NC: 2024:KHC:43194
                                                       MFA No. 1574 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 25TH DAY OF OCTOBER, 2024

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 1574 OF 2024 (AA)

                   BETWEEN:

                   1.    NATIONAL HIGHWAYS AUTHORITY OF INDIA,
                         PROJECT IPLEENTATION UNIT-MANGALORE,
                         DOOR NO.3-29, "BETHEL", THARETHOTA,
                         NEAR PUMPWELL (NH-66)
                         MANGALORE - 575002.
                         REP. BY IS THE PROJECT DIRECTOR.
                                                                 ...APPELLANT

                             (BY SRI. PRAKASH V. ANGADI, ADVOCATE)
                   AND:

                   1.    SRI SHIVARAM KILLE
                         S/O THIMMAPPA KILLE,
                         R/AT MUGER HOUSE,
Digitally signed         JEPPINGAMOGARU VILLAGE,
by DEVIKA M              MANGALURU TALUK.
Location: HIGH
COURT OF           2.    THE ARBITRATOR AND DEPUTY COMMISSIONER
KARNATAKA                D.K.DISTRICT, MANGALORE - 575001.

                   3.    THE SPECIAL LAND ACQUISITION OFFICER
                         AND COMPETENT AUTHORITY,
                         NHAI, N.G.O.S. BUILDING,
                         MINI VIDHANA SOUDHA COMPOUND,
                         MANGALURU - 575 001.
                                                             ...RESPONDENTS

                        THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE
                   ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER
                   DATED 22.11.2023 PASSED IN AP.NO.46/2023 ON THE FILE OF
                               -2-
                                           NC: 2024:KHC:43194
                                         MFA No. 1574 of 2024




THE I ADDITIONAL DSTRICT AND SESSIONS JUDGE,
MANGALURU,    DISMISSING THE ARBITRATION    PETITION
FILED   UNDER SECTION 34 OF THE ARBITRATION AND
CONCILIATION ACT R/W ORDER 7 RULE 1 OF CPC.

    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

stating that in view of approval of the Competent Authority for

implementation of the Arbitral Award, the appellant may be

permitted to withdraw the appeal.

In terms of the memo, the appeal is dismissed as

withdrawn.

Sd/-

(H.P.SANDESH) JUDGE

ST