- 1 - HC-KAR NC: 2025:KHC:23448 MFA No. 304 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 304 OF 2024 (AA) BETWEEN: 1. NATIONAL HIGHWAY AUTHORITY OF INDIA PIU-MANGALORE, DOOR NO.3-29, BETHEL THARETHOTA, NEAR PUMPWELL (NH-66) MANGALORE-575 005. REP. BY ITS PROJECT DIRECTOR. …APPELLANT (BY SRI. SHOBHITH N.SHETTY, ADVOCATE) AND: 1. SRI. P.K.NAWAZ S/O P.K.SAADUMONU R/AT KALLADKA PORLIPADY HOUSE GOLTHAMAJALU VILLAGE POST KALLADKA BANTWAL TALUK-574 222. 2. THE COMPETENT AUTHORITY & SPECIAL LAND ACQUISITION OFFICER (N.H.A.I), NH-75, HASSAN-B.C.ROAD SECTION NO.HIG-64 DTDC COURIER OFFICE BUILDING 1ST FLOOR, K.H.B.COLONY, CHANNAPATNA OPP. KSRTC NEW BUS STAND, HASSAN-573 201. Digitally signed by SHAKAMBARI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23448 MFA No. 304 of 2024 3. THE DEPUTY COMMISSIONER & ARBITRATOR DAKSHINA KANNADA DISTRICT MANGALURU-575 008. …RESPONDENTS (BY SMT. CHANDINI S., HCGP FOR R3; VIDE ORDER DATED 23.01.2025, NOTICE TO R2 IS DISPENSED WITH) THIS MFA FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO CALL FOR RECORDS, SET ASIDE THE JUDGMENT AND DECREE DATED 04.10.2023, PASSED IN A.P.NO.91/2023 ON THE FILE OF THE VI ADDITIONAL DISTRICT JUDGE AT DAKSHINA KANNADA, MANGALORE AND CONSEQUENTLY SET ASIDE THE AWARD DATED 27.12.2022 PASSED BY THE 3RD RESPONDENT IN CASE NO.C.DIS ARB(3)NH.LAQ.CR.166/2019-20 AND FURTHER PRAYED TO ALLOW THE APPEAL OF THE APPELLANT HEREIN. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 19.02.2025 seeking withdrawal of the appeal, which 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 04- 10-2023 in A.P.No.91/2023, now the Appellant in the above case does not wish to proceed against the - 3 - HC-KAR NC: 2025:KHC:23448 MFA No. 304 of 2024 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therefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to dismiss the above case as withdrawn, in the interests of justice and equity." 2. The said memo is placed on record. 3. In view of the memo, the appeal is dismissed as withdrawn. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PGG List No.: 1 Sl No.: 6