- 1 - HC-KAR NC: 2026:KHC:35190-DB COMAP No. 88 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T COMMERCIAL APPEAL NO.88 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. REPRESENTED BY THE PROJECT DIRECTOR ABDULLA JAVED AZMI. …APPELLANT (BY SRI PRAKASHA V. ANGADI, ADVOCATE) AND: 1. SRI THIMMAYYA SHETTY S/O. LATE BABU SHETTY RESIDING AT PANCHADURGA PADUKONAJE POST MOODABIDRE TALUK-574 227. 2. THE ARBITRATOR AND DEPUTY COMMISSIONER D. K. DISTRICT MANGALORE-575 001. 3. THE SPECIAL LAND ACQUISTION OFFICER AND COMPETENT AUTHORITY, NHAI N.G.O.S BUILDING MINI VIDHANA SOUDHA COMPOUND MANGALURU-575 001. …RESPONDENTS (R-1 AND R-2 ARE SERVED AND UNREPRESENTED; VIDE COURT ORDER DATED 27-3-2024 NOTICE TO R-3 IS DISPENSED WITH) * * * Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35190-DB COMAP No. 88 of 2024 THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(a) OF COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 11-12-2023 IN THE SUIT ARBITRATION PETITION NO.136 OF 2022 PASSED BY THE 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-128/2018-19 DATED 20-9-2022 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 THIS 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 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is filed against the judgment dated 11.12.2023 passed in A.P.No.136/2022 by the IV Additional District Judge and Commercial Court, Dakshina Kannada District, Mangaluru and consequently set aside the arbitral award/order in No.C.DIS.ARB(2).NH.LAQ.CR-128/2018-19 dated 20.09.2022 passed by respondent No.2. - 3 - HC-KAR NC: 2026:KHC:35190-DB COMAP No. 88 of 2024 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. All pending interlocutory applications stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM/List No.: 1 Sl No.: 38