- 1 - HC-KAR NC: 2025:KHC-D:8444-DB MFA No. 105004 of 2024 C/W MFA No. 105001 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND MISCELLANEOUS FIRST APPEAL NO.105004 OF 2024 (AA) C/W MISCELLANEOUS FIRST APPEAL NO.105001 OF 2024 IN M.F.A. NO.105004 OF 2024 BETWEEN: 1. THE DEPUTY GENERAL MANAGER (TECH) AND THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, SHIVA KRUPA NIVAS, VIVEKANAND NAGAR, 2ND CROSS, NEXT TO EXCELLENT NEET ACADEMY, VIDYAGIRI, DHARWAD-580004. 2. THE SPECIAL LAND ACQUISITION OFFICER, AND COMPETENT AUTHORITY FOR LAND ACQUISITION, NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-63, “DHARA MAHAL”, UB HILL, 5TH CROSS, DHARWAD-580007. …APPELLANTS (BY SRI. B.P. MATHAPATI, ADVOCATE) AND: 1. MALLIKARJUN REDDY S/O. VENKATAKRISHNA REDDY DEVIREDDY, AGE. 63 YEARS, OCC. BUSINESS, R/O. BHARAT VILLA APARTMENTS, NO. 330/13-302, 7TH CROSS, 3RD MAIN, DOMLUR LAYOUT, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:8444-DB MFA No. 105004 of 2024 C/W MFA No. 105001 of 2024 BENGALURU-560071. 2. THE ARBITRATOR FOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-63 AND ADDITIONAL DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD-580007. …RESPONDENTS (BY SRI. S.M. KALWAD, ADVOCATE FOR R1; SRI. PRAVEEN K.UPPAR, ADDL. GOVT. ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI IN ARBITRATION PETITION NO.5004/2024 DATED 10.04.2024 IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A. NO.105001 OF 2024 BETWEEN: 1. THE DEPUTY GENERAL MANAGER, (TECH) AND THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, SHIVA KRUPA NIVAS, VIVEKANAND NAGAR, 2ND CROSS, NEXT TO EXCELLENT NEET ACADEMY, VIDYAGIRI, DHARWAD-580004. 2. THE SPECIAL LAND ACQUISITION OFFICER, AND COMPETENT AUTHORITY FOR LAND ACQUISITION, NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-63, “DHARA MAHAL”, UB HILL, 5TH CROSS, DHARWAD-580007. …APPELLANTS (BY SRI. B.P. MATHAPATI, ADVOCATE) AND: 1. MALLIKARJUN REDDY S/O. VENKATAKRISHNA REDDY DEVIREDDY, AGE. 63 YEARS, OCC. BUSINESS, R/O. BHARAT VILLA APARTMENTS, NO. 330/13-302, 7TH CROSS, 3RD MAIN, DOMLUR LAYOUT, BENGALURU-560071. - 3 - HC-KAR NC: 2025:KHC-D:8444-DB MFA No. 105004 of 2024 C/W MFA No. 105001 of 2024 2. THE ARBITRATOR FOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-63 AND ADDITIONAL DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD-580007. …RESPONDENTS (BY SRI. S.M. KALWAD, ADVOCATE FOR R1; SRI. PRAVEEN K.UPPAR, ADDL. GOVT. ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI IN ARBITRATION PETITION NO.5003/2024 DATED 10.04.2024 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) These Miscellaneous First Appeals have been filed by the Deputy General Manager and Project Director, NHAI and the Special Land Acquisition Officer and Competent Authority for Land Acquisition, NHAI assailing the judgment passed by the learned V Addl. District and Sessions Judge, Dharwad, sitting at Hubballi, dismissing the Arbitration Petition filed at the hands of the appellants herein, on the ground of delay and laches. - 4 - HC-KAR NC: 2025:KHC-D:8444-DB MFA No. 105004 of 2024 C/W MFA No. 105001 of 2024 2. Having gone through the impugned judgment, we find that the learned District Judge has considered various judgments of the Apex Court and of this Court in the matter of consideration of the petition on the ground of limitation and an application being filed under Section 5 of the Limitation Act at the hands of the appellants herein. 3. We see that the learned District Judge has noticed the law laid down by the Apex Court in the case of Bhimashankar Sahakari Sakkare Karkhane Niyamita vs. Walchandngar Industries Ltd.,1 considering Section 34 of the Arbitration and Conciliation Act, 1996, more particularly, sub-section (3) of Section 34 which provides for an application to be filed under the said provision raising a challenge to an arbitral award, within a period of three months from the date on which the party making an application had received the arbitral award and further the proviso enabling the learned Judge to entertain an application filed within a period of thirty days beyond period of three months, if the Court is satisfied that the applicant 1 (2023) 8 SCC 453 - 5 - HC-KAR NC: 2025:KHC-D:8444-DB MFA No. 105004 of 2024 C/W MFA No. 105001 of 2024 was prevented by sufficient cause from making the application. Even in the recent judgment of the Apex Court in the State of West Bengal represented through the Secretary and others vs. Rajpath Contractors and Engineers Ltd.,2 it has been reiterated that no extension of time is permissible beyond three months and thirty days and Section 5 of the Limitation Act is inapplicable. 4. The learned District Judge has noticed the fact that the arbitral award was passed on 20.05.2023 and the award was ready and dispatched on 19.06.2023; petitioner No.1 received the arbitral award on 21.06.2023 and petitioner No.2 (SLAO) received the arbitral award on 22.06.2023. The later date has been taken into consideration and it is held that three months would expire on 22.09.2023. But the application has been filed on 01.02.2024 beyond the period prescribed even in the proviso. The maximum period of limitation prescribed cannot be more than 120 days in terms of the law laid down by the Apex Court and here is a case 2 (2024) 7 SCC 257 - 6 - HC-KAR NC: 2025:KHC-D:8444-DB MFA No. 105004 of 2024 C/W MFA No. 105001 of 2024 where an application was filed to condone the delay of 132 days. 5. We do not find any justifiable ground to entertain these appeals. 6. Accordingly, Miscellaneous First Appeals stand dismissed. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE NAA CT: UMD List No.: 1 Sl No.: 26