- 1 - HC-KAR NC: 2025:KHC:47979-DB COMAP No. 107 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.107 OF 2024 BETWEEN: NATIONAL HIGHWAYS AUTHORITY OF INIDA PROJECT IMPLEMENTATION UNIT - MANGALORE, DOOR NO.3-29, "BETHEL" THARETHOTA NEAR PUMPWELL (NH-66) MANGALORE-575002. 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. SUDHARSHAN KUMAR S/O P. CHANDAYYA M/S. DHARSHAN ENTERPRISES UPPINANGADY, PUTTUR TALUK. 2. THE ARBITRATOR AND DEPUTY COMMISSIONER D. K. DISTRICT, MANGALORE-575 001. 3. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47979-DB COMAP No. 107 of 2024 NHAI NH-75 (48), HASSAN B C ROAD SECTION, OPP. HDCC BANK, HASSAN. …RESPONDENTS (BY SRI. MANJUNATH RAYAPPA, AGA FOR R3) THIS COMAP IS FILED UNDER SECTION 13(1)(A) OF COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 02.02.2024 IN THE SUIT ARBITRATION PETITION NO.223/2023 PASSED BY THE HON'BLE IV ADDL. DISTRICT AND SESSIONS JUDGE, D.K DISTRICT, MANGALORE, CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD/ORDER IN NO. C.DIS.ARB (3). NH LAQ.CR- 161/2021-22 DT: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 HON'BLE 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 VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:47979-DB COMAP No. 107 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellant seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under; "The Appellant submit as under; The above appeal filed challenging the judgment dated 02.02.2024 passed by the Hon'ble District Court, Mangalore in A.P 223/2023. The order passed by the Hon'ble Arbitrator and Deputy Commissioner, Mangalore in Case No.C.DIS.ARB(3).NH.LAQ.CR-161/2021-22 dt:21.03.2023 has been complied with and enhanced compensation amount has been disbursed to the Respondent/land looser. Hence, this Hon'ble Court be pleased to permit the Appellant to withdraw the above case. The copy of the payment voucher 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." - 4 - HC-KAR NC: 2025:KHC:47979-DB COMAP No. 107 of 2024 2. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 11