- 1 - HC-KAR NC: 2026:KHC:28893-DB COMAP No. 459 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T COMMERCIAL APPEAL NO. 459 OF 2023 (AA) BETWEEN: NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT-MANGALORE, DOOR NO.3-29, "BETHEL", THARETHOTA, NEAR PUMPWELL (NH-66) MANGALORE-575002 REP. BY ITS THE PROJECT DIRECTOR, H.S. LINGEGOWDA. …APPELLANT (BY MS. SHALINI, ADVOCATE FOR SRI. PRAKASHA V. ANGADI, ADVOCATE) AND: 1. SMT. POORNIMA NAYAK D/O LATE ANANDA NAYAK, AGED ABOUT 35 YEARS, R/AT GANESHA VIHAR, KOLYA, KOTEKAR VILLAGE, MANGALURU TALUK. 2. THE ARBITRATOR AND DEPUTY COMMISSIONER D.K. DISTRICT, MANGALORE-575001. 3. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NHAI, N.G.O.S BUILDING, Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28893-DB COMAP No. 459 of 2023 MINI VIDHANA SOUDHA COMPOUND, MANGALURU-575 001. …RESPONDENTS (BY SRI. ADITYA VIKRAM BHAT, AGA FOR R2; V/C/O DATED 27.03.2024 NOTICE TO R3 IS DISPENSED WITH) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(A) OF THE COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 10.02.2023 IN THE SUIT A.P NO.76/2022 PASSED BY THE HON'BLE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K. DISTRICT, MANGALORE, CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD/ORDER IN NO. C. C.DIS.ARB(2)NH/LAQ/CR-213/2017-18 DATED 19.04.2022 PASSED BY THE 2ND RESPONDENT. INSOFAR AS THE ENHANCEMENT MADE BY THE 2ND RESPONDENT AT THE RATE OF RS.1,12,000/- PER CENT 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 VENKATESH NAIK T - 3 - HC-KAR NC: 2026:KHC:28893-DB COMAP No. 459 of 2023 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellant submits that the authority has decided to withdraw the appeal and that a memo for withdrawal has also been placed on record. The memo reads as follows: MEMO FOR WITHDRAWAL "The Appellant submit as under: The above appeal filed challenging the Judgment dt:10.02.2023 passed by the Hon'ble District Court, Mangalore in A.P 76/2022. In the above appeal, this Hon'ble Court was pleased to pass an order Dt:19.09.2024 granting interim order of stay subject to deposit of 50% enhanced compensation amount, accordingly a sum of Rs.41,432/- has been deposited before the Hon'ble Prl. District and Sessions Judge, Mangaluru vide DD bearing No.656638 Dt:28.11.2024. It is submitted that in view of the approval of the Competent Authority for implementation of the Arbitral Award, the Appellant prays that this Hon'ble Court be pleased to permit the Appellant to withdraw the above case as not pressed and to pass necessary orders for refund of the deposited amount in favour of SLAO and CA. WHEREFORE, the memo may kindly be accepted on record, in the interest of justice." - 4 - HC-KAR NC: 2026:KHC:28893-DB COMAP No. 459 of 2023 Accordingly, the memo is accepted. The appeal is dismissed as withdrawn. The Registry shall refund the deposited amount in favour of the Special Land Acquisition Officer and Competent Authority, National Highways Authority of India, as sought for. All pending interlocutory applications shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 Sl No.: 20