- 1 - HC-KAR NC: 2026:KHC:9667-DB MFA No. 8001 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 8001 OF 2025 (AA) BETWEEN: 1. NATIONAL HIGHWAYS AUTHORITY OF INDIA (MINISTRY OF ROAD TRANSPORT AND HIGHWAYS) PROJECT IMPLEMENT UNIT - MANGALORE NH - 169 (NH-13), SANOOR - BIKARNAKATTE SECTION OFFICE AT DOOR NO.3-29, BETHEL THARETHOTA, NEAR PUMPWELL MANGALORE - 575 002 REPRESENTED BY ITS AUTHORIZED OFFICER ABDULLA JAVED AZMI WORKING AS THE DEPUTY GENERAL MANAGER (TECH) AND PROJECT DIRECTOR …APPELLANT (BY SRI NITHYANANDA M.K., ADVOCATE) AND: 1. MR. S. ABUBAKKAR S/O HAMAD SURALPADY AGED ABOUT 60 YEARS RESIDING AT NO. 3-171/3, AHMAD MANZIL BADAGAULIPADY VILLAGE GANJIMATA, SURALPADY MANGALORE TALUK - 574 151 DAKSHINA KANNADA DISTRICT Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9667-DB MFA No. 8001 of 2025 2. MRS. UMAILBANU AGED ABOUT 58 YEARS S/O IBRAHIM RESIDING AT NO. 6-100, C/6 104, CITY DAMARIS, 6TH BLOCK KRISHNAPURA, MANGALORE - 575 014 DAKSHINA KANNADA DISTRICT 3. MRS. SAMEENA AGED ABOUT 48 YEARS W/O. HATHIM KANA ABDUL KHADER RESIDING AT NO. 24-3-246/6, HEEBA COTTAGE 5TH CROSS ROAD, ATTAVARA BABUGUDDE, NEAR KMC HOSPITAL MANGALORE - 575 001 DAKSHINA KANNADA DISTRICT 4. THE ARBITRATOR AND DEPUTY COMMISSIONER D.K. DISTRICT MANGALORE - 575 001 …RESPONDENTS THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO CALL FOR THE RECORDS OF THE ARBITRATION PROCEEDING IN NO.C.DIS.ARB(4)NH.LAQ.CR-28/2023-24 DATED 21-01-2025, ON THE FILE OF ARBITRATOR AND DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT AT MANGALORE AND A.P.NO.37/2025 DATED 01-08-2025, ON THE FILE OF THE COURT OF THE HON'BLE I ADDITIONAL DISTRICT & SESSIONS JUDGE, D.K. DISTRICT, AT MANGALORE, AND AFTER LOOKING INTO THE VALIDITY OF THE IMPUGNED JUDGEMENT IN ARBITRATION PETITION NO.37/2025, DATED 01-08-2025 PASSED BY THE COURT OF THE I ADDITIONAL DISTRICT & SESSIONS JUDGE, D.K., MANGALORE, BE PLEASED TO SET ASIDE THE IMPUGNED JUDGEMENT DATED 01-08-2025 AND SET ASIDE THE - 3 - HC-KAR NC: 2026:KHC:9667-DB MFA No. 8001 of 2025 IMPUGNED ARBITRAL AWARD PASSED BY THE RESPONDENT NO.4. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The learned counsel for the appellant seeks to withdraw the present appeal. 2. Appeal is dismissed as withdrawn. 3. Pending application stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD List No.: 1 Sl No.: 6