- 1 - HC-KAR NC: 2025:KHC:28957-DB MFA No. 8410 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 8410 OF 2024 (AA) BETWEEN: SRI. B. VINAY S/O B.N. DEVARAJ AGED ABOUT 56 YEARS RESIDENT OF THOTADAGADDE ESTATE ANEMAHAL POST SAKALESHPUR-573 134 HASSAN DISTRICT …APPELLANT (BY SRI. C.M. NAGABUSHANA, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NATIONAL HIGHWAYS AUTHORITY OF INDIA NH 75(48), HASSAN-BANTWAL (B.C. ROAD) SECTION, No.HIG 64 DTDC COURIER OFFICE BUILDING 1ST FLOOR, KHB COLONY CHANNAPATNA (OPP HASSAN KSRTC MAIN BUS STAND) HASSAN-573 201 2. THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT 44/1, A 1-1ST MAIN, KUVEMPU ROAD Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28957-DB MFA No. 8410 of 2024 INDRANAGAR, SATHYAMANGALA LAYOUT HASSAN-573 201 3. THE DEPUTY COMMISSIONER AND ARBITRATOR OFFICE OF THE DEPUTY COMMISSIONER HASSAN DISTRICT DC OFFICE, HASSAN-573 201 …RESPONDENTS (BY SRI. SHOBHITH N. SHETTY, ADVOCATE FOR R1 & R2; R3- SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE ORDER DATED 29.11.2024 PASSED IN AP.No.57/2024 ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE PETITION FILED UNDER SECTION 34(3) OF THE ARBITRATION AND CONCILIATION ACT 1996. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is preferred against an order dated 29.11.2024 passed by the Principal District and Sessions Judge, Hassan ('Trial Court' for short) in AP No.57/2024 rejecting an application filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 - 3 - HC-KAR NC: 2025:KHC:28957-DB MFA No. 8410 of 2024 ('Arbitration Act' for short) on the ground that the application is belated. 2. Learned counsel for the appellant submits that the learned Arbitrator had heard the parties and had reserved the matter for passing of the award. Thereafter, though the award was dated 22.12.2023, a copy of the award had been received by the appellant only on 04.03.2024. It is submitted that the application under Section 34 of the Arbitration Act had been filed on 29.05.2024, which is well within the period of limitation from the date of receipt of copy of the award. 3. Learned counsel for the respondents would on the other hand contend that though the award was dated 22.12.2023, copy application had been preferred only on 10.01.2024 and that the time for filing the application under Section 34 of the Arbitration Act had expired on 27.05.2024. - 4 - HC-KAR NC: 2025:KHC:28957-DB MFA No. 8410 of 2024 4. Having considered the contentions advanced and in view of the specific language of Section 34(3) of the Arbitration Act, we are of the opinion that the time would start to run from the date on which the appellant had received the arbitral award i.e., on 04.03.2024. It that is so, the application filed on 29.05.2024 would be well within the time. In the above view of the matter, we are of the opinion that the rejection of the Section 34 Application on the ground that it was belated was improper. 5. In the result:- (i) The appeal is allowed. (ii) The order dated 29.11.2024 passed by the Principal District and Sessions Judge, Hassan in AP No.57/2024, is set aside. (iii) The matter is remanded to the Trial Court, for consideration on merits. - 5 - HC-KAR NC: 2025:KHC:28957-DB MFA No. 8410 of 2024 (iv) The parties shall mark their appearance before the Trial Court on 21.08.2025. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK List No.: 1 Sl No.: 22