- 1 - NC: 2025:KHC:11839-DB COMAP No. 16 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF COMMERCIAL APPEAL NO. 16 OF 2024 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 ITS THE PROJECT DIRECTOR, EARLIER- H. S. LINGEGOWDA, PRESENT - ABDULLA JAVED AZMI. …APPELLANT (BY MS. R. SHALINI, ADVOCATE FOR SRI. PRAKASH ANGADI B.V., ADVOCATE) AND: 1. SMT. KHATHEEJAMMA, W/O ADAM, R/A:T MATT KEREMULLA, UPPINANGADY VILLAGE AND POST, PUTTUR TALUK. 2. THE ARBITRATOR AND DEPUTY COMMISSIONER, D.K. DISTRICT, MANGALORE-575 001. 3. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NHAI, NH-75 (48), HASSAN, B.C. ROAD SECTION, OPP. HDCC BANK, HASSAN – 573 201. …RESPONDENTS (R1 SERVED AND UNREPRESENTED, SMT.SARITHA KULKANRI, AGA FOR R2, V/O DTD:27.08.2024, NOTICE TO R3 IS D/W) Digitally signed by PRAJWAL A Location: High Court of Karnataka - 2 - NC: 2025:KHC:11839-DB COMAP No. 16 of 2024 THIS COMMERCIAL APPEAL UNDER SECTION 13(1)(A) OF THE COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 03/11/2023 IN THE SUIT ARBITRATION PETITION NO. 41/2023 PASSED BY THE HONBLE IV ADDL. DISTRICT JUDGE AND COMMERCIAL COURT, D.K. DISTRICT, MANGALORE, CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD/ORDER IN NO. C.DIS.ARB(3) NH LAQ.CR.89/2021-22 DATED 03/01/2023 PASSED BY THE 2ND RESPONDENT. INSOFAR AS THE ENHANCEMENT MADE BY THE 2ND RESPONDENT AT RS.2,72,189/- PERCENT AND ALLOW THE APPEAL WITH COST AND GRANT SUCH OF THE RELIEF AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THIS CASE. 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 T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) Learned counsel for the appellant has drawn our attention to the memo for withdrawal filed on 14.10.2024, which reads as under: “The Appellant submit as under: The above appeal filed challenging the Judgment dt:03.11.2023 passed by the Hon’ble District Court, Mangalore in A.P 41/2023. In view of the approval of the Competent Authority for implementation of the Arbitral Award, the Appellant prays this Hon’ble Court be pleased to permit the Appellant to withdraw the above case. The copy of the approval letter is produced herewith and marked a Annexure-R1. - 3 - NC: 2025:KHC:11839-DB COMAP No. 16 of 2024 WHEREFORE, the Appellant seeks leave of this Hon’ble Court to withdraw the above case, in the interest of justice.” 2. Though the approval letter has not been annexed, learned counsel for the appellant reiterates the prayer for withdrawal of the appeal. 3. In view of the above, the appeal is dismissed as withdrawn. 4. Pending IAs if any, stands disposed of. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE SMC/List No.: 1 Sl No.: 3