Karnataka High Court
MFA/8596/2025 of SRI JAYARAMU M H Vs THE PROJECT DIRECTOR on 20 July 2026
CNR: KAHC010766022025 NC: 2026:KHC:37190-DB MFA No. 8596 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 8596 OF 2025 (AA)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
MISCELLANEOUS FIRST APPEAL NO. 8596 OF 2025 (AA)
BETWEEN:
1.
SRI JAYARAMU M.H.
S/O LATE M. HALAVEGOWDA
AGED 58 YEARS
R/AT: MUDHUGERE VILLAGE AND POST
CHANNAPATNA TALUK
RAMANAGARA, BANGALORE SOUTH DISTRICT - 562 117
…APPELLANT
(BY SRI PRAKASH M.H., ADVOCATE)
AND:
1.
THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA
NH-275 (MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS) PROJECT IMPLEMENTATION UNIT
RAMANAGARA, OFFICE AT RAMADEVARAPADA
BASAVAPURA, RAMANAGARA - 562 128
REP BY AUTHORISED OFFICER
2.
THE SPECIAL LAND ACQUISITION
OFFICER AND COMPETENT AUTHORITY
NHAI, NH-275, OFFICE AT NO. 1541
V.V. NAGARA ROAD, 2ND CROSS
VIDHYA NAGAR, MAHAVEER CIRCLE
Digitally
signed by K
P SWETHA
Location:
High Court
of Karnataka
HC-KAR
MANDYA - 571 401,
REP. BY AUTHORISED OFFICER
3.
THE DEPUTY COMMISSIONER
AND ARBITRATOR
RAMANAGARA DIST - 562 117
NOW, BANGALORE SOUTH DISTRICT
…RESPONDENTS
(BY SRI PRASAD K.R. RAO, ADVOCATE FOR
SRI PADMANABHA HOLLA S., ADVOCATE FOR R-1 & 2; SMT. NAMITHA MAHESH B.G., AGA FOR R-3)
THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE
ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE
JUDGMENT DT. 30.11.2024 PASSED IN A.P.NO. 79/2021 ON
THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, RAMANAGARA AND CONSEQUENTLY RESTORE THE
AWARD DATED: 10.12.2020 IN No. LAQ(A)/NH-275/CR-42/2017- 18 & ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the above captioned appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 [A&C Act] impugning a judgment dated 30.11.2024 passed by
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the Principal District and Sessions Judge, Ramanagara in Arbitration Petition No.79/2021.
2. The present appeal has been filed after an inordinate delay of 266 days. The appellant has also filed an application- I.A.No.1/2025 seeking condonation of delay. However, we find no credible explanation for the said delay.
3. It is the appellant's case that although the impugned judgment was passed on 30.11.2024, he had applied for a certified copy on 09.10.2025, which was delivered on 16.10.2025. There is no explanation whatsoever as to the reason for delay in applying for the certified copy. There is also no ground set out which could possibly prevent the appellant from filing the present appeal within the stipulated period. The appellant states that since part of the compensation had been deposited, he was advised to wait for the response of the respondents that they would deposit the remaining amount.
4. Although, the respondents had challenged the award under Section 3G(5) of the National Highways Act, 1956 and had also deposited the part of the compensation on
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21.03.2023, pending consideration of their application to set aside the award there is no ground for the appellant to refrain from challenging the impugned judgment, whereby the award has been set aside.
5. Since the appellant has not established that there was any cause which prevented the appellant from filing the appeal within the stipulated period, the delay in filing the same cannot be condoned. The application-I.A.No.1/2025 is accordingly dismissed. Consequently, the appeal is dismissed as well.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
KPS List No.: 1 Sl No.: 20