- 1 - HC-KAR NC: 2025:KHC:23610-DB COMAP No. 188 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO COMMERCIAL APPEAL NO. 188 OF 2023 BETWEEN: NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT-MANGALORE DOOR No.3-29, "BETHEL" THARETHOTA, NEAR PUMPWELL (NH-66) MANGALORE-575 002 REPRESENTED BY ITS THE PROJECT DIRECTOR H. S. LINGEGOWDA. …APPELLANT (BY MS. SHALINI R., ADVOCATE FOR SRI. PRAKASHA ANGADI B.V., ADVOCATE) AND: 1. SRI. K. SURESH ACHAR S/O LATE K. THIMMAPPA ACHAR AGED ABOUT 38 YEARS R/AT. "GURU PRASAD" BAPPANADU VILLAGE POST MULKY MANGALURU-574 154 2. THE ARBITRATOR AND DEPUTY COMMISSIONER D.K. DISTRICT MANGALURU-575 001 3. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NHAI Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23610-DB COMAP No. 188 of 2023 N.G.O.S. BUILDING MINI VIDHANA SOUDHA COMPOUND MANGALURU-575 001 …RESPONDENTS (BY SRI. NEELAKANTAPPA K. PUJAR, HCGP FOR R2; NOTICE TO R3 IS DISPENSED WITH V.C.O. DATED 24.06.2024) THIS COMMERCIAL APPEAL/COMAP IS FILED UNDER SECTION 13(1)(A) OF THE COMMERCIAL COURT ACT, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO (a) SET ASIDE THE JUDGMENT DATED 10.03.2023 IN THE SUIT A.P. No.96/2022 PASSED BY THE HON'BLE IV ADDL. DISTRICT JUDGE, COMMERCIAL COURT, D.K. DISTRICT, MANGALORE, CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD/ORDER IN No.C.DIS.ARB(2)NH/LAQ/CR-155/2017-18 DATED 19.04.2022 PASSED BY THE 2ND RESPONDENT INSOFAR AS THE ENHANCEMENT MADE BY THE 2ND RESPONDENT 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, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2025:KHC:23610-DB COMAP No. 188 of 2023 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the appellant submits that a memo for withdrawal has now been duly signed by the appellant. 2. In view of the same, the memo for withdrawal filed by learned counsel for the appellant is accepted. Accordingly, appeal is dismissed as withdrawn. The registry shall refund the Court fee as applicable on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE PN List No.: 1 Sl No.: 52