- 1 - NC: 2025:KHC:12800-DB COMAP No. 471 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH 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. 471 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 …APPELLANT (BY MS. SHALINI, ADVOCATE FOR SRI. PRAKASHA ANGADI B V.,ADVOCATE) AND: 1. SRI. HANEEF MOHAMMED S/O MOODABIDRI ABBAS R/AT: ABBAS SAW MILLS ALANGAR MOODBIDRI TALUK-27. 2. THE ARBITRATOR AND DEPUTY COMMISSIONER D.K DISTRICT, MANGALORE-575 001. 3. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NHAI,N.G.O.S BUILDING, MINI VIDHANA SOUDHA COMPOUND, MANGALURU-575 001. …RESPONDENTS Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12800-DB COMAP No. 471 of 2024 THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1) (A) OF COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 06.08.2024 IN THE SUIT A.P.NO.160/2023 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(4) NH/LAQ.CR.40/2021-22 DT:21.02.2023 PASSED BY THE 2ND RESPONDENT. INSOFAR AS THE ENHANCEMENT MADE BY THE 2ND RESPONDENT TO THE RATE OF RESIDENTIAL CONVERTED LAND AND ALLOW THE APPEAL WITH COST AND GRANT SUCH OF THE RELIEF AS THIS HONBLE 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 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 memo for withdrawal, which reads as under: "The appellant submit as under: The above appeal filed challenging the judgment dated 06.08.2024 passed by the Hon'ble District Court, Mangalore in A.P.No.160/2023 in which the arbitral award bearing No.CDIS.ARB(4)NH/LAQ.CR.40/2021-22 dated 21.02.2023 was confirmed. It is submitted that, 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 as Annexure - R1. Wherefore, the appellant seeks leave of this Hon'ble Court to withdraw the above case, in the interest of justice". - 3 - NC: 2025:KHC:12800-DB COMAP No. 471 of 2024 2. Memo is taken on record. 3. Accordingly, the appeal is dismissed as withdrawn. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE AG List No.: 1 Sl No.: 13