- 1 - HC-KAR NC: 2026:KHC:29814-DB COMAP No. 10 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T COMMERCIAL APPEAL NO. 10 OF 2024 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 ABDULLA JAVED AZMI …APPELLANT (BY SRI. PRAKASHA V. ANGADI, ADVOCATE) AND: 1. SRI. ASHOK KUMAR RAI S/O LATE K P SANJEEVA RAI R/AT RISHAB KADRI KAMBLA ROAD MANGALURU 575004 2. THE ARBITRATOR AND DEPUTY COMMISSIONER D K DISTRICT MANGALORE 575001 3. THE SPECIAL LAND ACQUISTION OFFICER AND COMPETENT AUTHORITY NHAI NGOS BUILDNG Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29814-DB COMAP No. 10 of 2024 MINI VIDHANA SOUDHA COMPOUND MANGALRU 575001 …RESPONDENTS (BY SRI. AJITH A SHETTY, ADV. FOR R1; RESPONDENT NO.2 IS SERVED AND UNREPRESENTED; V/O DATED 27.03.2024 NOTICE TO R3 IS DESPENSED WITH) THIS COMAP IS FILED UNDER SECTION 13(1)(A) OF COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 05.10.2023 IN THE SUIT A.P. NO. 176/2022 PASSED BY THE 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-129/2018-19 DATED 21.09.2022 PASSED BY THE 2ND RESPONDENT. INSOFAR AS THE ENHANCEMENT MADE BY THE 2ND RESPONDENT AT THE RATE OF RS.1,23,200/- PER CENT AND ALLOW THE APPEAL WITH COST AND GRANT SUCH OF THE RELIEF AS THIS COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THIS CASE. THIS APPEAL, COMING ON FOR ADMISSION, 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:29814-DB COMAP No. 10 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is filed against the judgment dated 05.10.2023 passed in A.P.No.176/2022 by the IV Additional District Judge and Commercial Court, Dakshina Kannada District, Mangalore and consequently set aside the arbitral award/order in No.C.DIS.ARB(2).NH.LAQ.CR-129/2018-19 dated 21.09.2022 passed by respondent No.2. 2. A memo is filed by the learned counsel for the appellant stating that in view of the approval of the Competent Authority for implementation of the arbitral award, the appellant does not wish to prosecute the appeal and seeks to withdraw the same. 3. Appeal is accordingly, dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PN List No.: 1 Sl No.: 8