- 1 - HC-KAR NC: 2025:KHC:33651-DB COMAP No. 317 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K COMMERCIAL APPEAL NO. 317 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, EARLIER-H.S LINGEGOWDA, PRESENT-ABDULLA JAVED AZMI …APPELLANT (BY SRI. PRAKASHA ANGADI B.V, ADVOCATE) AND: 1. SRI SAHASRALINGESHWARA ENTERPRISES UPPINANGADY, PUTTUR TALUK REP. BY ITS MANAGING PARTNER, MR. A GOVINDA BHAT 2. THE ARBITRATOR AND DEPUTY COMMISSIONER D.K DISTRICT, MANGALORE 575 001 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33651-DB COMAP No. 317 of 2024 3. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NHAI, NH-75 (48), HASSAN B.C ROAD SECTION OPP. HDCC BANK, HASSAN …RESPONDENTS THE ADVOCATE FOR THE APPELLANT HAS FILED THE ABOVE COMAP / COMMERCIAL APPEAL UNDER SECTION 13(1) (A) OF THE COMMERCIAL COURT ACT) PRAYING TO SET ASIDE THE JUDGMENT DATED: 04/07/2024 IN THE SUIT ARBITRATION PETITION NO. 221/2023 PASSED BY THE HON'BLE IV ADDL. DISTRICT JUDGE AND COMMERCIAL D.K DISTRICT, MANGALORE, CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD IN NO. C.DIS.ARB (3) NH LAQ. CR. 129/2021- 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 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 MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:33651-DB COMAP No. 317 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) A memo has been filed seeking withdrawal of the appeal stating as follows: "The above appeal filed challenging the Judgment dt:04.07.2024 passed by the Hon'ble District Court, Mangalore in A.P.221/2023. 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." 2. Recording the memo, the appeal is dismissed as withdrawn. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 75