- 1 - HC-KAR NC: 2026:KHC:8625-DB COMAP No. 319 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO. 319 OF 2023 BETWEEN: NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT MANGALORE, DOOR NO.3-29, “BETHEL”, THARETHOTA, NEAR PUMPWELL(NH 66), MANGALORE – 575 002, REP. BY THE PROJECT DIRECTOR, ABDULLA JAVED AZMI. …APPELLANT (BY SRI. PRAKASHA ANGADI B.V, ADVOCATE) AND: 1. SMT. K.M. RAJALAKSHMI BHANDARY W/O DR. SATHISH BHANDARY, R/AT NO.6-5/6, SHREYAS EDEN-2, NEAR EDEN CLUB, KADRI PADAVU, MANGALORE – 575 001. 2. THE ARBITRATOR AND DEPUTY COMMISSIONER D.K. DISTRICT, MANGALURU – 575 001. 3. THE SPECIAL LAND ACQUISTION OFFICER AND COMPETENT AUTHORITY NHAI, N.G.O.S BUILDING, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8625-DB COMAP No. 319 of 2023 MINI VIDHANA SOUDHA, COMPOUND, MANGALURU – 575 001. …RESPONDENTS (BY SRI. M. VISHWAJITH RAI, ADVOCATE FOR R1; SRI. ADITYA VIKRAM BHAT, AGA FOR R2) THIS COMAP / COMMERCIAL APPEAL UNDER SECTION 13(1)(A) OF THE COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 01/07/2023 IN THE SUIT A.P.NO.142/2022 PASSED BY THE IN THE COURT OF IV ADDL. DISTRICT JUDGE AND COMMERCIAL COURT, D.K. DISTRICT, MANGALORE, CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD/ORDER IN NO. C.DIS.ARB (2). NH.LAQ.CR-178/2017- 2018 DATED 19/04/2022 PASSED BY THE 2ND RESPONDENT INSOFAR AS THE ENHANCEMENT MADE BY THE 2ND RESPONDENT AT THE RATE OF RS.2,57,000/- PER CENT AND ALLOW THE APPEAL WITH COST AND GRANT SUCH OF THE RELEIF 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 VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:8625-DB COMAP No. 319 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) The learned counsel for the appellant has filed a memo dated 02.12.2025 seeking leave of the Court to withdraw the appeal. The memo reads as follows: “The appellant submit as under: The above appeal filed challenging the judgment dated 01.07.2023 passed by the Hon’ble District Court, Mangalore in A.P.No.142/2022 in which the arbitral award bearing No. C.DIS.ARB(2)NH/LAQ.CR.178/2017-2018, Dt. 19.04.2022 was confirmed. It is submitted that, 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. WHEREFORE, the Appellant seeks leave of this Hon’ble Court to withdraw the above case, in the interest of justice.” 2. In view of the aforesaid memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE JJ List No.: 1 Sl No.: 18