- 1 - NC: 2025:KHC:13835-DB MFA No. 3183 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.3183 OF 2023 (AA) BETWEEN: NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT- BENGALURU HAVING OFFICE AT: SY.NO.13, 14TH KM., NAGASANDRA, BENGALURU - TUMKUR ROAD (NH-4), BENGALURU - 560 073. REPRESENTED BY ITS PROJECT DIRECTOR …APPELLANT (BY SRI. SHILPA GHANSHYAMBHAI SHAH, ADVOCATE) AND: 1. SRI. MARULASIDDAPPA K.V. S/O VEERABHADRA SHETTRU AGED ABOUT 47 YEARS RESIDING AT NO.53, 1ST CROSS, 1ST MAIN, M.S. RAMAIAH, NAGASANDRA POST, BENGALURU - 560 073 2. THE ARBITRATOR AND SPECIAL DEPUTY COMMISSIONER-I BENGALURU URBAN DISTRICT, HYDERABAD- BENGALURU SECTION (NH-7), OFFICE OF THE SPECIAL DEPUTY COMMISSIONER AND ARBITRATOR Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - NC: 2025:KHC:13835-DB MFA No. 3183 of 2023 1ST FLOOR, K.G. ROAD, BENGALURU - 560 009. 3. THE SPEICAL LAND ACQUISITION & COMPETENT AUTORITY, HYDERABAD- BENGALURU SECTION (NH-7), HAVING OFFICE AT NO.678/3, NEERUBHAVI KEMPANNA LAYOUT, HEBBAL, BENGALURU – 560 024 REPRESENTED BY ITS SPEICAL LAND ACQUISITION OFFICER …RESPONDENTS (BY SRI. PRADEEP C YADAV, ADVOCATE FOR C/R1; SMT. SARITHA KULKARNI, ADVOCATE FOR R2; SRI. PRAKASH V ANGADI, ADVOCATE FOR R3) THIS MFA IS FILED UNDER SECTION 37(1)(C) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO SET ASIDE THE JUDGMENT DATED 09.02.2023 PASSED BY THE HON’BLE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-17) AT ANNEXURE-A, IN SO FAR AS A.P 61/2022, ETC 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 filed a memo for withdrawing the appeal. The same reads as under:- - 3 - NC: 2025:KHC:13835-DB MFA No. 3183 of 2023 “The Appellant above named seeks leave of this Hon’ble Court to withdraw the top-noted case since the Appellant has taken a decision to comply with the Arbitral Award dated 17th December 2021 passed in Case No.LAQ/ARB/NH-07/CR/01/2018-19 and Judgment dated 09th February 2023 passed by the Hon’ble II Additional City Civil and Sessions Judge Bengaluru (CCH-17) in A.P.61/2022. In view of the same, the top noted case does not survive for consideration. The Memo may be taken on record and appropriate orders may be passed to meet the ends of justice.” 2. She re-iterates the prayer made in the memo for withdrawing the appeal. 3. At this stage, learned counsel for the respondent No.1 prays for release of the amount deposited by the appellant before this Court pursuant to the order dated 15.06.2023. In fact we find an I.A.No.1/2025 has been filed by the counsel for the respondent No.1. 4. Learned counsel for the appellant states that the amount as deposited along with accrued interest if any, be released in favour of respondent No.1. It is noted that Registry in its note dated 24.07.2023 has referred to the fact that a cheque bearing No.146388 dated 12.07.2023 for a sum of Rs.2,68,84,837/- (Two Crores Sixty Eight - 4 - NC: 2025:KHC:13835-DB MFA No. 3183 of 2023 Lakhs Eighty Four Thousand Eight Hundred and Thirty Seven only) has been deposited by the learned counsel for the appellant. We also find from the note dated 23.09.2023 of the Registry that the amount deposited has been invested in a Fixed Deposit. 5. If that be so, in view of the submission made by the learned counsel for the appellant for release of the amount deposited by the appellant with the Registrar General of this Court be released in favour of the respondent No.1 with accrued interest if any, the same shall be released to respondent No.1 upon identification of the respondent No.1 in the presence of his counsel and as per Rules. 6. Appeal is dismissed as withdrawn. SD/- (V KAMESWAR RAO) JUDGE SD/- (T.M.NADAF) JUDGE MH/-, List No.: 1 Sl No.: 6