Karnataka High Court
National Highways Authority Of India vs Sri. Santhosh Hegde on 7 August, 2025
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NC: 2025:KHC:30772-DB
COMAP No. 161 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
COMMERCIAL APPEAL NO. 161 OF 2025
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
DOOR NO.3-29, BETHEL, THARETHOTA,
NEAR PUMPWELL (NH-66),
MANGALORE-575 005.
REP. BY ITS DGM (TECH) & PROJECT DIRECTOR
MR. ABDULLA JAVED AZMI.
...APPELLANT
(BY MR. BIDAN CHANDRAN, ADVOCATE ALONG WITH
SRI PADMANABHA HOLLA S, ADVOCATE)
AND:
Digitally signed
by NANDINI R 1. SRI SANTHOSH HEGDE,
Location: HIGH MAJOR,
COURT OF S/O. LATE RAMAKRISHNA HEGDE,
KARNATAKA
R/AT. HEGDE MAHAL, PINTO'S LANE,
MANGALORE TALUK,
DAKSHINA KANNADA DISTRICT-575 004.
2. THE ARBITRATOR (N.H) AND DEPUTY
COMMISSIONER AND ARBITRATOR,
DAKSHINA KANNADA DISTRICT,
MANGALORE-575 001.
3. THE COMPETENT AUTHORITY AND
THE SPECIAL LAND ACQUISITION OFFICER,
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COMAP No. 161 of 2025
HC-KAR
MANGALURU, KARNATAKA,
STATE EMPLOYEES ASSOCIATION,
CLOCK TOWER, HAMPANKATTA,
MANGALURU-575 001.
...RESPONDENTS
(BY MS. THANIMA BEKAL, ADVOCATE FOR R-1)
THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER
SEC.13(1-A) OF COMMERCIAL COURTS ACT, 2015, PRAYING
TO SET ASIDE THE JUDGMENT AND DECREE DATED
07.02.2025 PASSED BY THE IV ADDITIONAL DISTRICT JUDGE
AND COMMERCIAL COURT, D.K. MANGALURU IN ARBITRATION
PETITION NO. 330/2023 AND CONSEQUENTLY SET ASIDE
ARBITRAL AWARD BEARING NO. C.DIS.ARB (2) NH. LAQ. CR.
98/2018-19 DATED 06.09.2022 PASSED BY THE RESPONDENT
NO. 2 AND CONSEQUENTLY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal under
Section 37 of the Arbitration and Conciliation Act, 1996
[A&C Act], impugning an order dated 07.02.2025, passed
by the learned Commercial Court in AP No.330/2023.
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2. The appellant had filed the aforementioned petition
under Section 34 (2) of the A&C Act, impugning an arbitral
award dated 06.09.2022 passed by the Arbitral Tribunal
under Section 3G (5) of the National Highway Act, 1956.
The Arbitral Tribunal had enhanced the compensation
awarded to the respondent for the acquired land falling
under Survey No. 15/2CP1 measuring 1095 square meters
[27 cents].
3. At the outset learned counsel appearing for the
respondent submits that the application filed by the
appellant under Section 34 (2) of the A&C Act, was barred
by limitation and the Court had no jurisdiction to condone
the delay. She submits that an objection to the said effect
was raised. However, the learned Commercial Court had
not considered the same. She submits that since the
impugned award had been upheld, the respondent had not
filed any appeal against it, as the respondent was willing
to accept the impugned award. She submits that since
now an objection has been raised that the respondent
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must also be granted an opportunity to assail the said
order.
4. She has handed over a copy of the application filed
by the appellant under Section 5 of the Limitation Act,
along with his application to set aside the impugned
award. The affidavit accompanying the said application
indicates that the appellant had received the impugned
award on 10.10.2022. The application to set aside the
award [AP 330/2023] was instituted on 23.08.2023, as is
reflected in the impugned order. Thus, clearly the said
application was beyond the period of limitation as
prescribed under Section 34(3) of the A&C Act. Further,
the period of delay is exceeded the period that could be
condoned in terms of the proviso to Section 34(3) of the
A&C Act.
5. The learned counsel appearing for the appellant fairly
submits that appellant's application under Section 34(2) of
the A&C Act, itself was beyond the period of limitation.
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6. In view of the above, the impugned order is set
aside. We clarify that the impugned award has attained
finality. Accordingly, the appeal is disposed of.
7. Pending IAs, if any, are also disposed of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C M JOSHI)
JUDGE
tsn*
