National Highway Authority Of India vs Radhakrishnanayak
2024 Latest Caselaw 25520 Kant

Karnataka High Court

National Highway Authority Of India vs Radhakrishnanayak on 25 October, 2024

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                                                       NC: 2024:KHC:43038-DB
                                                       MFA No. 2752 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 25TH DAY OF OCTOBER, 2024
                                           PRESENT
                           THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                              AND
                             THE HON'BLE MR JUSTICE S RACHAIAH
                   MISCELLANEOUS FIRST APPEAL NO. 2752 OF 2023 (AA)
                   BETWEEN:

                         NATIONAL HIGHWAY AUTHORITY OF INDIA
                         PIU-MANGALORE
                         DOOR NO. 3-29, BETHEL,
                         THARETHOTA, NEAR PUMPWELL (NH-66)
                         MANGALORE - 575 005.
                         REPRESENTED BY ITS: G.M. (TECH)
                         PROJECT DIRECTOR.

                                                                ...APPELLANT
                   (BY SRI. SHOBHITH N SHETTY, ADVOCATE)

                   AND:

                   1.    RADHAKRISHNANAYAK,
                         S/O KOGGANAYAK,
Digitally signed         THROUGH HIS GPA HOLDER
by SREEDHARAN            SRI. SHANTHARAM NAIK,
BANGALORE
SUSHMA                   MAJOR,
LAKSHMI                  BALTHILAVILLAGE, BANTWAL
Location: HIGH
COURT OF
KARNATAKA          2.    THE COMPETENT AUTHORITY AND
                         SPECIAL LAND ACQUISITION OFFICER
                         NATIONAL HIGHWAY-48,
                         DTDC COURIER OFFICE
                         BUILDING FIRST FLOOR,
                         OPP. KSRTC NEW BUS STAND,
                         HASSAN - 573 201.

                   3.    THE DEPUTY COMMISSIONER AND ARBITATOR
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                                               NC: 2024:KHC:43038-DB
                                               MFA No. 2752 of 2023




    DAKSHINA KANNADA DISTRICT
    MANGALURU - 575 008.

                                                       ...RESPONDENTS

     THIS MFA FILED UNDER SECTION 37(1)(c) OF THE
ARBITRATION AND CONCILIATION ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 13.12.2022
PASSED IN A.P.NO.70/2021 ON THE FILE OF THE 1ST
ADDITIONAL DISTRICT AND SESSIONS JUDGE AT DAKSHINA
KANNADA, MANGALORE.

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

CORAM:      HON'BLE MR JUSTICE V KAMESWAR RAO
            and
            HON'BLE MR JUSTICE S RACHAIAH

                       ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

Learned counsel for the appellant has filed a memo for

withdrawal. The same is taken on record.

2. The memo for withdrawal reads as under:

"That the undersigned Advocate for the Appellant most respectfully submits that above case has been filed against respondents challenging order/award dated 13-12-2022 in A.P.No.70/2021, now the Appellant in the above case does not wish to proceed against the Respondents in the above matter, therefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to dismiss the above case as withdrawn, in the interests of justice and equity."

NC: 2024:KHC:43038-DB

3. Learned counsel for the appellant reiterates the

prayer for withdrawal of the appeal. The appeal is dismissed as

withdrawn.

4. In view of the dismissal of the appeal,

I.A.Nos.1/2023 and 2/2023 do not survive for consideration,

Accordingly, the same are disposed of.

SD/-

(V KAMESWAR RAO) JUDGE

SD/-

(S RACHAIAH) JUDGE

JS/-