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2026 DAILYLAW 43878 (KAR)

MR N RAVIRAJ SHETTY v. THE NATIONAL HIGHWAY

COMAP/108/2025 · 2026-09-24

D K Singh, H Shanthi Bhushan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010118972025 NC: 2026:KHC:53245-DB COMAP No. 108 of 2025 C/W COMAP No. 112 of 2025 COMAP No. 113 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN COMMERCIAL APPEALS NO. 108 OF 2025 C/W COMMERCIAL APPEALS NO. 112 OF 2025 COMMERCIAL APPEALS NO. 113 OF 2025 IN COMAP No. 108/2025 BETWEEN: MR. N. RAVIRAJ SHETTY AGED ABOUT 64 YEARS S/O LATE B RAGHURAM SHETTY R/AT FLAT NO. 1201 WEST WIND APARTMENTS COLLECTORS GATE BALMATTA, MANGALURU - 575 002. …APPELLANT (BY SRI. SUHAS C.S., FOR SRI. RAKESH KINI.,ADVOCATE) AND: 1. THE NATIONAL HIGHWAY AUTHOIRTY OF INDIA PROJECT IMPLEMENTATION UNIT DOOR NO. 3-29, BETHEL THARETHOTA NEAR PUMPWELL Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010118972025 NC: 2026:KHC:53245-DB COMAP No. 108 of 2025 C/W COMAP No. 112 of 2025 COMAP No. 113 of 2025 (NH-66), MANGALURU - 575 005 REPRESENTED BY ITS PROJECT DIRECTOR. 2. THE ARBITRATOR AND DEPUTY COMMISSIONER D.K. DISTRICT MANGALURU -575 001. 3. THE COMPETENT AUTHORITY AND SEPCIAL LAND ACQUISTIION OFFICER MANGALURU, D K MANGALURU -575 001. …RESPONDENTS (BY SRI. PADMANABHA HOLLA S.,ADVOCATE FOR R1 R2- AND R3 SERVED) THIS COMMERCIAL APPEAL / COMAP IS FILED UNDER SECTION 13(1) OF THE COMMERCIAL COURTS ACT, 2015 AND UNDER SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 09.09.2024 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AND COMMERCIAL COURT, D.K, MANGALURU IN A.P.NO.275/2023 (DOCUMENT NO.1), AND AWARD COSTS OF THE ENTIRE LEGAL PROCEEDINGS TO WHICH THE APPELLANT IS SUBJECTED TO BY THE RESPONDENT NO.1, INCLUDING THE COSTS OF THE APPELLANT HEREIN. IN COMAP NO. 112/2025 BETWEEN: MR. N. RAVIRAJ SHETTY AGED ABOUT 64 YEARS, S/O LATE B. RAGHURAM SHETTY, - 3 - HC-KAR CNR: KAHC010118972025 NC: 2026:KHC:53245-DB COMAP No. 108 of 2025 C/W COMAP No. 112 of 2025 COMAP No. 113 of 2025 R/AT FLAT NO. 1201, WEST WIND APARTMENTS, COLLECTORS GATE, BALMATTA, MANGALURU-575 002. ...APPELLANT (BY SRI. SUHAS C.S., ADVOCATE FOR SRI. RAKESH KINI.,ADVOCATE) AND: 1. THE NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT, DOOR NO. 3-29, BETHEL, THARETHOTA, NEAR PUMPWELL (NH-66), MANGALURU-575 005. REPRESENTED BY ITS PROJECT DIRECTOR. 2. THE ARBITRATOR AND DEPUTY COMMISSIONER D.K., DISTRICT, MANGALURU-575 001. 3. THE COMPETENT AUTHORITY AND SPECIAL LAND ACQUISITION OFFICER, MANGALURU, D.K., MANGALURU -575 001. ...RESPONDENTS (BY SRI. PADMANABHA HOLLA S.,ADVOCATE FOR R1; R2 AND R3 SERVED) THIS COMMERCIAL APPEAL / COMAP IS UNDER SECTION 13(1) OF THE COMMERCIAL COURT ACT, 2015 AND UNDER SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO SET ASIDE THE - 4 - HC-KAR CNR: KAHC010118972025 NC: 2026:KHC:53245-DB COMAP No. 108 of 2025 C/W COMAP No. 112 of 2025 COMAP No. 113 of 2025 IMPUGNED JUDGMENT AND DECREE DATED 02.08.2024, PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AND COMMERCIAL COURT, D.K., MANGALURU, IN AP NO.276/2023 (DOCUMENT NO.1). IN COMAP NO. 113/2025 BETWEEN: MR N RAVIRAJ SHETTY AGED ABOUT 64 YEARS, S/O LATE B. RAGHURAM SHETTY, R/AT FLAT NO. 1201, WEST WIND APARTMENTS, COLLECTORS GATE, BALMATTA, MANGALURU-575 002. ...APPELLANT (BY SRI. RAKESH KINI.,ADVOCATE) AND: 1. THE NATIONAL HIGHWAY AUTHOIRTY OF INDIA PROJECT IMPLEMENTATION UNIT, DOOR NO. 3-29, BETHEL, THARETHOTA, NEAR PUMPWELL (NH-66), MANGALURU-575 005. REPRESENTED BY ITS PROJECT DIRECTOR. 2. THE ARBITRATOR AND DEPUTY COMMISSIONER D.K., DISTRICT, MANGALURU-575 001. 3. THE COMPETENT AUTHORITY AND SPECIAL LAND ACQUISITION OFFICER, - 5 - HC-KAR CNR: KAHC010118972025 NC: 2026:KHC:53245-DB COMAP No. 108 of 2025 C/W COMAP No. 112 of 2025 COMAP No. 113 of 2025 MANGALURU, D.K., MANGALURU - 575 001. ...RESPONDENTS (BY SRI. PADMANABHA HOLLA S.,ADVOCATE FOR R1 AND R3; R-2 SERVED) THIS COMMERCIAL APPEAL / COMAP IS UNDER SECTION 13(1A) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 04.05.2023 PASSED BY THE ARBITRATOR (N.H) AND DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT MANGALURU, IN C.DIS.ARB(4) NH.LAQ.CR. 17/2022-23 (DOCUMENT NO.2) AND SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 09.09.2024, PASSED BY THE IV ADDIITONAL DISTRICT AND SESSIONS JUDGE AND COMMERCIAL COURT, D.K., MANGALURU IN A.P. NO. 274/2023 (DOCUMENT NO.1) THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The learned counsels appearing for the appellant and the respondents are unanimous in making submission that the subject matter of these appeals is squarely covered by the judgment passed in Commercial Appeal No.107/2025 dated 12.02.2026, and therefore, these appeals also disposed of in terms of the said judgment whereby the arbitral award has - 6 - HC-KAR CNR: KAHC010118972025 NC: 2026:KHC:53245-DB COMAP No. 108 of 2025 C/W COMAP No. 112 of 2025 COMAP No. 113 of 2025 been set aside and the parties have been given liberty to commence the arbitral proceeding afresh, if they are so advised. 2. Paragraphs 10 to 14 of the Commercial Appeal No.107/2025 dated 12.02.2026 reads as under; "10. In terms of Section 34(2)(iii) of the A&C Act, an arbitral award may be set aside by the Court if the party making the application was not given proper notice of the appointment of an Arbitrator or of the arbitral proceedings or was otherwise unable to present his case. 11. In the present case, the order sheet of the Arbitral Tribunal indicates that no proper hearing was held. We, accordingly, find merit in the appellant's contention that he was unable to present his case. The impugned award is liable to be set aside under Section 34(2)(iii) of the A&C Act, as well as on the ground of patent illegality, as it is apparent that the impugned award has been passed in violation of principles of natural justice. 12. The impugned order is also unsustainable as it fails to address the grounds on which the appellant had sought the setting aside of the impugned award. 13. In view of the above, the impugned order and the impugned award are set aside. The present appeal is accordingly allowed. 14. The parties are at liberty to commence the arbitral proceedings afresh." - 7 - HC-KAR CNR: KAHC010118972025 NC: 2026:KHC:53245-DB COMAP No. 108 of 2025 C/W COMAP No. 112 of 2025 COMAP No. 113 of 2025 3. We therefore allow these appeals in terms of the aforesaid order. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE RU List No.: 1 Sl No.: 20