National Highways Authority Of India vs Sri. Vasappa Gowda
2024 Latest Caselaw 22398 Kant

Karnataka High Court

National Highways Authority Of India vs Sri. Vasappa Gowda on 3 September, 2024

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                                                        NC: 2024:KHC:35935
                                                  MFA No. 4614 of 2023




           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                DATED THIS THE 3RD DAY OF SEPTEMBER, 2024

                                     BEFORE
               THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
           MISCELLANEOUS FIRST APPEAL NO. 4614 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
                REP BY THE PROJECT DIRECTOR
                                                               ...APPELLANT
          (BY SRI. PRAKASHA ANGADI B.V., ADVOCATE)
          AND:
          1.    SRI.VASAPPA GOWDA
                S/O LATE POOVANI GOWDA
          2.    SRI.NAVEEN RAJ
                S/O VASAPPA GOWDA
          3.    CHITRA
                D/O VASAPPA GOWDA
          4.    LATHA
Digitally       D/O VASAPPA GOWDA
signed by
SUVARNA T       RESPONDENT NO.1 TO 4
                ALL ARE R/AT BEDRODI HOUSE,
Location:
                BAJATHURU VILLAGE
HIGH
                PUTTUR TALUK
COURT OF
KARNATAKA 5.    THE ARBITRATOR AND DEPUTY COMMISSIONER
                D.K.DISTRICT
                MANGALORE-575 001
          6.    SPECIAL LAND ACQUISITON OFFICER
                AND COMPETENT AUTHORITY,
                NH-75 (48), HASSAN, B.C.ROAD DIVISION
                OPPOSITE HDFC BANK,
                HASSAN
                                                            ...RESPONDENTS

          (R1- R3 ARE SERVED AND UNREPRESENTED)
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                                               NC: 2024:KHC:35935
                                            MFA No. 4614 of 2023




      THIS MFA FILED U/S.37(1)(c) OF THE ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED:
15.04.2023 PASSED IN A.P.NO.138/2022 ON THE FILE OF THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANGALURU,
DISMISSING THE PETITION FILED U/S.34 OF THE ARBITRATION AND
CONCILIATION ACT R/W ORDER VII RULE 1 OF CPC.

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

CORAM:       HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

                         ORAL JUDGMENT

A memo is filed seeking withdrawal of the appeal stating

that the present appeal is filed challenging the order dated

15.04.2023 passed in A.P.No.138/2022 by the I Additional

district and Sessions Judge, Mangaluru. It is stated that in view

of the approval of the Competent Authority for implementation

of the Arbitral Award, the appellant wants to withdraw the

appeal.

Accordingly, the memo is taken on record and the appeal

is dismissed as withdrawn.

All I.As. in the appeal shall stand closed.

SD/-

(LALITHA KANNEGANTI) JUDGE

MEG