- 1 - HC-KAR NC: 2026:KHC:31465-DB COMAP No. 223 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T COMMERCIAL APPEAL NO.223 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 REPRESENTED BY ITS THE PROJECT DIRECTOR H.S. LINGEGOWDA. …APPELLANT (BY SRI PRAKASHA ANGADI B.V., ADVOCATE) AND: 1. SMT. VASANTHI R. SHETTY W/O. RAMANNA P. SHETTY RESIDING AT SANKOLIGE, UCHILA SOMESHWARA VILLAGE MANGALURU TALUK. 2. THE ARBITRATOR AND DEPUTY COMMISSIONER D.K. DISTRICT MANGALORE-575 001. 3. THE SPECIAL LAND ACQUISITON OFFICER AND COMPETENT AUTHORITY, NHAI Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31465-DB COMAP No. 223 of 2023 N.G.O.S BUILDING MINI VIDHANA SOUDHA COMPOUND MANGALURU-575 001. …RESPONDENTS (R-1 TO R-3 ARE SERVED AND UNREPRESENTED) * * * THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(a) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE JUDGMENT DATED 18.04.2023 IN THE SUIT A.P.NO.81 OF 2022 PASSED BY THE HON'BLE IV ADDITIONAL DISTRICT JUDGE AND COMMERCIAL COURT, DAKSHINA KANNADA, MANGALORE, CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD/ORDER IN NO.C.DIS.ARB(2)NH.LAQ.CR.73/2017-2018 DATED 19.04.2022 PASSED BY THE 2ND RESPONDENT. INSOFAR AS THE ENHANCEMENT MADE BY THE 2ND RESPONDENT AT THE RATE OF RS.1,23,200/- 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 THE CASE, IN THE INTEREST OF JUSTICE. THIS COMMERCIAL 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:31465-DB COMAP No. 223 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 dated 25.11.2025 has also been placed on record. The memo reads as follows: MEMO FOR WITHDRAWAL "The Appellant submits as under: The above appeal has been filed challenging the Judgment order dt:18.04.2023 passed by the Hon'ble District Court at Mangalore in A.P 81/2023. This Hon'ble Court was pleaded to grant an interim order of stay of further proceedings by the order Dt:16.09.2025 subject to deposit of 100% enhanced compensation amount, hence in view of the order passed by this Hon'ble Court the Appellant herein had deposited the enhanced compensation amount sum of Rs.4,42,072/- through DD bearing No.881372 dated 24.10.2025 before the Hon'ble Prl. District and Sessions Judge, D.K. District at Mangalore in A.P.No.81/2022, the copy of the same is produced herewith. Hence the memo may kindly be taken on record, in the interest of justice. Accordingly, the memo is accepted. The appeal is dismissed as withdrawn. - 4 - HC-KAR NC: 2026:KHC:31465-DB COMAP No. 223 of 2023 All pending interlocutory applications shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 25