- 1 - HC-KAR NC: 2026:KHC:4458-DB COMAP No. 24 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 24 OF 2024 BETWEEN: 1. 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 PROJECT DIRECTOR ABDULLA JAVED AZMI …APPELLANT (BY SRI PRAKASHA ANGADI B.V., ADVOCATE) AND: 1. SRI SHEIKH MOHAMMED S/O SHEIKH SULAIMAN SAHEB R/AT: HOUSE NO.13-43 NEAR CORPORATION BANK MUKKA, SURATHKAL MANGALURU - 575 001 2. THE ARBITRATOR AND DEPUTY COMMISSIONER D.K. DISTRICT MANGALORE - 575 001 Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4458-DB COMAP No. 24 of 2024 3. THE SPECIAL LAND ACQUISITON OFFICER AND COMPETENT AUTHORITY, NHAI N.G.O.S. BUILDING MINI VIDHANA SOUDHA COMPOUND MANGALURU - 575 001 …RESPONDENTS (RESPONDENTS No.1 & 2 ARE SERVED & UNREPRESENTED, V/O. DATED.21.04.2025, NOTICE TO R-3 IS DISPENSED WITH) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1)(a) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE JUDGMENT DATED 11/10/2023 IN THE SUIT A.P.NO.27/2023 PASSED BY THE HON'BLE 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-212/2018-19 DATED 20/12/2022 PASSED BY THE 2ND RESPONDENT INSOFAR AS THE ENHANCEMENT MADE BY THE 2ND RESPONDENT AT THE RATE OF RS.3,13,600/- PER CENT AND ALLOW THE APPEAL WITH COST AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4458-DB COMAP No. 24 of 2024 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C.M. POONACHA) 1. The learned counsel appearing for the appellant has filed a memo for withdrawal of the appeal. 2. It is stated that in view of the approval of the Competent Authority for implementation of the Arbitral Award, the appellant seeks permission to withdraw the appeal. 3. In view of the same, the above appeal is dismissed as withdrawn. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KMV List No.: 2 Sl No.: 8