- 1 - HC-KAR NC: 2026:KHC:34044-DB COMAP No. 76 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T COMMERCIAL APPEAL NO.76 OF 2024 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 SRI. PRAKASHA V. ANGADI, ADVOCATE) AND: 1. SRI. MADHAVA S/O BABU GURIKARA R/AT D NO.2-123/1 NEAR GUDDE GUTTHU HOUSE JEPPINAMOGARU POST KANKANADY MANGALURU 575002 2. THE ARBITRATOR AND DEPUTY COMMISSIONER D K DISTRICT MANGALORE 575001 Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34044-DB COMAP No. 76 of 2024 3. THE SPECIAL LAND ACQUISTION OFFICER AND COMPETENT AUTHORITY NHAI, N. G. O. S. BUILDING MINI VIDHANA SOUDHA COMPOUND MANGALURU-575 001 …RESPONDENTS (R1 AND R2 ARE SERVED AND UNREPRESENTED; V.C.O. DTD:27.03.2024, NOTICE TO R3 IS DESPENSED WITH) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(A) OF COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 05.01.2024 IN THE SUIT A.P.NO.73/2023 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-06/2022-23 DATED 07/02/2023 PASSED BY THE 2ND RESPONDENT. INSOFAR AS THE ENHANCEMENT MADE BY THE 2ND RESPONDENT AT THE RATE OF RS.2,12,800/- PERCENT 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 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:34044-DB COMAP No. 76 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the appellant seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. 2. Memo is taken on record. 3. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PN List No.: 1 Sl No.: 35