- 1 - NC: 2025:KHC:18075-DB COMAP No. 529 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF COMMERCIAL APPEAL NO.529 OF 2024 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) & PROJECT DIRECTOR MR. ABDULLA JAVED AZMI …APPELLANT (BY SRI. HANUMANTHA REDDY G, ADVOCATE) AND: 1. MR. RAMANNA C SHETTY MAJOR S/O CHANDU SHETTY R/AT BEERANNA SHETTY HOUSE, MUKKA SURATHKAL VILLAGE MANGALORE – 574 146 2. THE DEPUTY COMMISSIONER & ARBITRATOR, DAKSHINA KANNADA DISTRICT, MANGALORE – 575 001 3. THE COMEPETENT AUTHORITY & THE SPECIAL LAND ACQUISITION OFFICE, MANGALORE, KARNATAKA STATE EMPLOYEES ASSOCIATION, Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - NC: 2025:KHC:18075-DB COMAP No. 529 of 2024 CLOCK TOWER, HAMPANKATTA MANGALORE – 575 001 …RESPONDENTS THIS COMAP IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO (a) SET ASIDE THE JUDGMENT AND DECREE DATED 07.11.2024 PASSED BY IV ADDITIONAL DISTRICT JUDGE AND COMMERCIAL COURT, D.K., MANGALORE IN ARBITRATION PETITION NO.349/2023 AND CONSEQUENTLY SET ASIDE ARBITRATION AWARD BEARING NO.C.DIS.ARB(2) NH.LAQ.CR.95/2018-19 DATED 26.07.2022 PASSED BY THE RESPONDENT NO.2 AND ETC THIS APPEAL COMING ON FOR ADMISSION 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 the memo for withdrawal dated 17.03.2025, which reads as under:- “It is submitted as follows:- That the Appellant, the National Highway Authority of India, Mangaluru; has accorded approval for acceptance of the Orders passed by the Deputy Commissioner & Arbitrator, DK District, Mangaluru bearing No.C.DIS.ARB (2) NH.LAQ.CR-95/2018-19 dated 26.07.2022 with respect to Sy.No.31/10B, - 3 - NC: 2025:KHC:18075-DB COMAP No. 529 of 2024 measuring an extent up to 81 Square Metres and Sy.No.31/11A3, measuring an extent up to 30 Square Metres of Surathkal Village, Mangalore Taluk, Dakshina Kannada District. In view of the said approval by the Appellant, it is decided to withdraw this Appeal. Hence the same may be withdrawn as not pressed. Wherefore, it is prayed that this Hon’ble Court may be pleased to permit the Appellant to withdraw the above Appeal as not pressed in the interest of justice and equity.” 2. Accordingly, the appeal is dismissed as withdrawn. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 19