- 1 - HC-KAR NC: 2026:KHC:28778-DB COMAP No. 316 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. 316 OF 2023 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, ABDULLA JAVED AZMI. …APPELLANT (BY MRS. SHALINI, ADVOCATE FOR SRI. PRAKASHA V. ANGADI, ADVOCATE) AND: 1. SRI. SHEKAR BANGERA S/O. RAMA SALIAN, AGED ABOUT 40 YEARS, R/AT NEAR KULALA MANDIRA KOLYA, SOMESHWARA VILLAGE, KOTEKAR POST, MANGALORE TALUK-575 001. 2. THE ARBITRATOR AND DEPUTY COMMISSIONER D.K. DISTRICT, MANGALORE-575 001. 3. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28778-DB COMAP No. 316 of 2023 NHAI, N.G.O.S. BUILDING, MINI VIDHANA SOUDHA COMPOUND, MANGALURU-575 001. …RESPONDENTS (BY SRI. ADITYA VIKRAM BHAT, AGA FOR R2; V/C/O DATED 10.01.2024 NOTICE TO R3 IS DISPENSED WITH) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE JUDGMENT DATED 05/07/2023 IN THE SUIT A.P.NO.83/2022 PASSED BY THE HON'BLE IV ADDITIONAL 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-174/2017-18 DATED 19/04/2022 PASSED BY THE 2ND RESPONDENT. INSOFAR AS THE ENHANCEMENT MADE BY THE 2ND RESPONDENT AT THE RATE OF RS.1,23,200-00 PERCENT 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:28778-DB COMAP No. 316 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:05.07.2023 passed by the Hon'ble District Court, Mangalore in A.P 83/2022. In the above appeal, this Hon'ble Court was pleased to pass an order Dt:10.01.2024 granting interim order of stay subject to deposit of entire enhanced compensation amount before this Hon'ble Court, accordingly a sum of Rs.1,89,844/- has been deposited vide DD bearing No.519527 Dt:28.02.2024. 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 to the A/c bearing No.1912921063, IFSC KKBK0007937, Kotak Mahindra Bank. WHEREFORE, the memo may kindly be accepted on record, in the interest of justice." - 4 - HC-KAR NC: 2026:KHC:28778-DB COMAP No. 316 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.: 18