- 1 - NC: 2025:KHC:16479 MFA No. 4241 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4241 OF 2023 (AA) BETWEEN: NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, DOOR NO.3-29, BETHEL, THARETHOTA, NEAR PUMPWELL (NH-66), MANGALORE - 575 005. REPRESENTED BY ITS DGM(TECH) AND PROJECT DIRECTOR. …APPELLANT (BY SRI. HANUMANTHA REDDY G., ADVOCATE) AND: 1. SRI. BABU GOWDA, S/O THUKRA GOWDA, MAJOR, AGED ABOUT NOT KNOWN, KUDREBETTU HOUSE, BALTHILA VILLAGE, KALADKA POST, BANTWAL TALUK - 574 253. 2. THE ARBITRATOR & DEPUTY COMMISSIONER, D.K. DISTRICT, MANGALORE - 575 001. …RESPONDENTS *** THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO CALL FOR THE RECORDS OF THE ARBITRATION PROCEEDING DATED 19.04.2022, ON THE FILE OF ARBITRATOR AND DEPUTY COMMISSIONER, DAKSHINA KANNADA AND A.P.NO.44/2022 Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16479 MFA No. 4241 of 2023 ON THE FILE OF THE COURT OF THE I ADDITIONAL DISTIRCT AND SESSIONS JUDGE, D.K. DISTRICT, MANGALORE, AND AFTER LOOKING INTO THE VALIDITY OF THE IMPUGNED JUDGMENT IN ARBITRATION PETITION NO.44/2022 PASSED BY THE COURT OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE BE PLEASED TO QUASH AND SET ASIDE THE IMPUGNED JUDGMENT AND SET ASIDE THE IMPUGNED ARBITRAL AWARD PASSED BY THE RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo, seeking permission to withdraw the appeal as not pressed, on the ground that the appellant - National Highways Authority of India, has accorded approval for acceptance of the impugned order. 2. The said memo is placed on record. 3. In light of the memo and the submission of the learned counsel for appellant, the appeal is dismissed as withdrawn. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BMV*/List No.: 1 Sl No.: 5