Karnataka High Court
The Deputy General Manager vs Mallikarjun Reddy S/O. Venkatakrishna on 7 July, 2025
Author: R.Devdas
Bench: R.Devdas
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NC: 2025:KHC-D:8444-DB
MFA No. 105004 of 2024
C/W MFA No. 105001 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 7TH DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
MISCELLANEOUS FIRST APPEAL NO.105004 OF 2024 (AA)
C/W
MISCELLANEOUS FIRST APPEAL NO.105001 OF 2024
IN M.F.A. NO.105004 OF 2024
BETWEEN:
1. THE DEPUTY GENERAL MANAGER
(TECH) AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
SHIVA KRUPA NIVAS, VIVEKANAND NAGAR,
2ND CROSS, NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
Digitally signed by
CHANDRASHEKAR 2. THE SPECIAL LAND ACQUISITION OFFICER,
LAXMAN KATTIMANI
Location: HIGH AND COMPETENT AUTHORITY FOR LAND ACQUISITION,
COURT OF
KARNATAKA NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NH-63, "DHARA MAHAL", UB HILL,
5TH CROSS, DHARWAD-580007.
...APPELLANTS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
1. MALLIKARJUN REDDY
S/O. VENKATAKRISHNA REDDY DEVIREDDY,
AGE. 63 YEARS, OCC. BUSINESS,
R/O. BHARAT VILLA APARTMENTS,
NO. 330/13-302, 7TH CROSS,
3RD MAIN, DOMLUR LAYOUT,
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MFA No. 105004 of 2024
C/W MFA No. 105001 of 2024
HC-KAR
BENGALURU-560071.
2. THE ARBITRATOR FOR NATIONAL HIGHWAYS
AUTHORITY OF INDIA, NH-63 AND
ADDITIONAL DEPUTY COMMISSIONER,
DHARWAD DISTRICT, DHARWAD-580007.
...RESPONDENTS
(BY SRI. S.M. KALWAD, ADVOCATE FOR R1;
SRI. PRAVEEN K.UPPAR, ADDL. GOVT. ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT
PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE,
DHARWAD SITTING AT HUBBALLI IN ARBITRATION PETITION
NO.5004/2024 DATED 10.04.2024 IN THE INTEREST OF JUSTICE
AND EQUITY.
IN M.F.A. NO.105001 OF 2024
BETWEEN:
1. THE DEPUTY GENERAL MANAGER,
(TECH) AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
SHIVA KRUPA NIVAS, VIVEKANAND NAGAR,
2ND CROSS, NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
2. THE SPECIAL LAND ACQUISITION OFFICER,
AND COMPETENT AUTHORITY FOR LAND ACQUISITION,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NH-63, "DHARA MAHAL", UB HILL,
5TH CROSS, DHARWAD-580007.
...APPELLANTS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
1. MALLIKARJUN REDDY
S/O. VENKATAKRISHNA REDDY DEVIREDDY,
AGE. 63 YEARS, OCC. BUSINESS,
R/O. BHARAT VILLA APARTMENTS,
NO. 330/13-302, 7TH CROSS,
3RD MAIN, DOMLUR LAYOUT,
BENGALURU-560071.
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NC: 2025:KHC-D:8444-DB
MFA No. 105004 of 2024
C/W MFA No. 105001 of 2024
HC-KAR
2. THE ARBITRATOR FOR NATIONAL HIGHWAYS
AUTHORITY OF INDIA, NH-63 AND
ADDITIONAL DEPUTY COMMISSIONER,
DHARWAD DISTRICT, DHARWAD-580007.
...RESPONDENTS
(BY SRI. S.M. KALWAD, ADVOCATE FOR R1;
SRI. PRAVEEN K.UPPAR, ADDL. GOVT. ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT
PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE,
DHARWAD SITTING AT HUBBALLI IN ARBITRATION PETITION
NO.5003/2024 DATED 10.04.2024 IN THE INTEREST OF JUSTICE
AND EQUITY AND ETC.
THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR
ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
These Miscellaneous First Appeals have been filed by the
Deputy General Manager and Project Director, NHAI and the
Special Land Acquisition Officer and Competent Authority for
Land Acquisition, NHAI assailing the judgment passed by the
learned V Addl. District and Sessions Judge, Dharwad, sitting
at Hubballi, dismissing the Arbitration Petition filed at the
hands of the appellants herein, on the ground of delay and
laches.
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HC-KAR
2. Having gone through the impugned judgment, we
find that the learned District Judge has considered various
judgments of the Apex Court and of this Court in the matter
of consideration of the petition on the ground of limitation
and an application being filed under Section 5 of the
Limitation Act at the hands of the appellants herein.
3. We see that the learned District Judge has noticed
the law laid down by the Apex Court in the case of
Bhimashankar Sahakari Sakkare Karkhane Niyamita
vs. Walchandngar Industries Ltd.,1 considering Section
34 of the Arbitration and Conciliation Act, 1996, more
particularly, sub-section (3) of Section 34 which provides for
an application to be filed under the said provision raising a
challenge to an arbitral award, within a period of three
months from the date on which the party making an
application had received the arbitral award and further the
proviso enabling the learned Judge to entertain an
application filed within a period of thirty days beyond period
of three months, if the Court is satisfied that the applicant
(2023) 8 SCC 453
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HC-KAR
was prevented by sufficient cause from making the
application. Even in the recent judgment of the Apex Court
in the State of West Bengal represented through the
Secretary and others vs. Rajpath Contractors and
Engineers Ltd.,2 it has been reiterated that no extension of
time is permissible beyond three months and thirty days and
Section 5 of the Limitation Act is inapplicable.
4. The learned District Judge has noticed the fact that
the arbitral award was passed on 20.05.2023 and the award
was ready and dispatched on 19.06.2023; petitioner No.1
received the arbitral award on 21.06.2023 and petitioner
No.2 (SLAO) received the arbitral award on 22.06.2023. The
later date has been taken into consideration and it is held
that three months would expire on 22.09.2023. But the
application has been filed on 01.02.2024 beyond the period
prescribed even in the proviso. The maximum period of
limitation prescribed cannot be more than 120 days in terms
of the law laid down by the Apex Court and here is a case
(2024) 7 SCC 257
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where an application was filed to condone the delay of 132
days.
5. We do not find any justifiable ground to entertain
these appeals.
6. Accordingly, Miscellaneous First Appeals stand
dismissed.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(K V ARAVIND)
JUDGE
NAA
CT: UMD
