- 1 - HC-KAR NC: 2026:KHC:35188-DB COMAP No. 309 of 2023 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.309 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 R.P.O. ABDULLA JAVED AZMI DGM (Tech) & PD NHAI, PIU MANGALORE. …APPELLANT (BY SRI PRAKASHA V. ANGADI, ADVOCATE) AND: 1. SRI HARIPRASAD SHETTY S/O. ANANDARAMA SHETTY RESIDING AT NEAR TALAPADY BUS STAND TALAPADY VILLAGE MANGALURU TALUK-575 023. 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 Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35188-DB COMAP No. 309 of 2023 MANGALURU-575 001. …RESPONDENTS (BY SRI KHAMROZ KHAN, AGA FOR R-2; R-1 IS SERVED AND UNREPRESENTED) * * * THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(a) OF THE COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 5-6-2023 IN THE SUIT ARBITRATION PETITION NO.175 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.212/2017-18 DATED 6-9-2022 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 05.06.2023 passed in A.P.No.175/2022 by the IV Additional - 3 - HC-KAR NC: 2026:KHC:35188-DB COMAP No. 309 of 2023 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-212/2017-18 dated 06.09.2022 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. All pending interlocutory applications stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 Sl No.: 36