- 1 - NC: 2025:KHC:5784-DB COMAP No. 252 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE S RACHAIAH COMMERCIAL APPEAL NO. 252 OF 2024 BETWEEN: NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT-MANGALORE, DOOR NO.3-29,”BETHEL”, THARETHOTA, NEAR PUMPWELL (NH-66), MANGALORE-575 005, REP. BY ITS THE PROJECT DIRECTOR, EARLIER-H.S. LINGEGOWDA, PRESENT-ABDULLA JAVED AZMI. …APPELLANT (BY SRI. PRAKASHA ANGADI .B.V, ADVOCATE) AND: 1. SRI. HARISHA UPADHYAYA, S/O LAXMINARAYANA UPADHYAYA, R/AT: “SRINIVASA KRIPA” NEAR RAGHAVENDRA MUTT, 34 NEKKILADY VILLAGE AND POST, PUTTUR TALUK-574 325. 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 (BY SMT. SARITHA KULKARNI, AGA FOR R2-R3) Digitally signed by PRAJWAL A Location: High Court of Karnataka - 2 - NC: 2025:KHC:5784-DB COMAP No. 252 of 2024 THIS APPEAL IS FILED UNDER SECTION 13(1)(A) OF THE COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 27.5.2024 IN THE SUIT ARBITRATION PETITION NO.225/2023 PASSED BY THE HONBLE IV ADDL. DISTRICT JUDGE AND COMMERCIAL D K DISTRICT, MANGALORE, CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD/ORDER IN NO.C.DIS.ARB(3) NH LAQ.CR.78/2021-22 DATED 21.03.2023 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. 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 S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) The learned counsel for the appellant has filed a memo for withdrawal dated 24.12.2024, which reads as under: “MEMO FOR WITHDRAWAL The Appellant submit as under; The above appeal filed challenging the Judgment dt:27.05.2024 passed by the Hon'ble District Court, Mangalore in A.P 225/2023. In view of the approval of the Competent Authority for implementation of - 3 - NC: 2025:KHC:5784-DB COMAP No. 252 of 2024 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 as Annexure- R1. WHEREFORE, the Appellant seeks leave of this Hon'ble Court to withdraw the above case, in the interest of justice.” 2. In view of the above, the appeal is dismissed as withdrawn. 3. Pending I.A.Nos.1/2024 and 2/2024 do not survive for consideration and stands disposed of. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (S RACHAIAH) JUDGE SMC List No.: 1 Sl No.: 22