- 1 - HC-KAR NC: 2026:KHC:35191-DB COMAP No. 164 of 2022 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.164 OF 2022 (AA) 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 PROJECT DIRECTOR COL A.K. JANBAZ (RETD.) …APPELLANT (BY SRI PRAKASHA V. ANGADI, ADVOCATE) AND: 1. SRI AKBAR SAHEB S/O. SAYYED HUSSAIN SAHEB AGED ABOUT 43 YEARS RESIDING AT KOLYA SOMESHWARA VILLAGE, KOTEKAR POST MANGALURU TALUK-575 023. 2. THE DEPUTY COMMISSIONER D.K. DISTRICT MANGALORE-575 002. …RESPONDENTS (R-1 AND R-2 IS SERVED AND UNREPRESENTED) * * * THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(A) OF COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 25-8-2021 PASSED IN ARBITRATION Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35191-DB COMAP No. 164 of 2022 PETITION NO.3 OF 2020 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, COMMERCIAL COURT, D.K. DISTRICT, MANGALURU, DISMISSING THE PLAINT FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996. 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 25.08.2021 passed in A.P.No.3/2020 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-132/2017-18 dated 14.01.2020. 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 Appeal is accordingly, dismissed as withdrawn. - 3 - HC-KAR NC: 2026:KHC:35191-DB COMAP No. 164 of 2022 All pending interlocutory applications stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 Sl No.: 35