Karnataka High Court

COMAP/108/2025 of MR N RAVIRAJ SHETTY Vs THE NATIONAL HIGHWAY on 24 September 2026

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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

HC-KAR

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

HC-KAR

(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,

HC-KAR

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

HC-KAR

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,

HC-KAR

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

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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

HC-KAR

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."

HC-KAR

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

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