IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MR. JUSTICE K. NATARAJAN MISCELLANEOUS FIRST APPEAL NO.10037 OF 2018 (AA) BETWEEN:
NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT, P.B. ROAD, CHITRADURGA (UNIT DHARWAD), BY ITS GM (T) & PROJECT DIRECTOR, SRI SRINIVASULU NAIDU, CHITRADURGA – 580 004.
(BY SRI PADMANABHA HOLLA S., ADVOCATE, FOR SRI R.V. NAIK) ... APPELLANT AND:
1. MR. T. VIJAYA KUMAR S/O. T. THIPPESWAMY, (DEAD BY HIS LEGAL HEIRS/REPRESENTATIVES) (a) MS. C.G. SUMANGALA W/O. MR. T. VIJAYA KUMAR, AGED ABOUT 57 YEARS, RESIDING AT TAT COMPOUND, BENGALURU ROAD, CHALLAKERE TALUK – 577 522.
(b). MS. RAJESHWARI D/O. MR. T. VIJAYA KUMAR, AGED ABOUT 39 YEARS, DOCTOR, RESIDING AT DUBAI, C/O. MRS. C.G. SUMANGALA, W/O. T. VIJAYA KUMAR, RESIDING AT TAT COMPOUND, BENGALURU ROAD, CHALLAKERE – 577 522.
(c). T.V. PRADEEP S/O. MR. T. VIJAYA KUMAR, AGED ABOUT 36 YEARS, ENGINEER, RESIDING AT DUBAI, C/O. MRS. C.G. SUMANGALA, W/O. T. VIJAYA KUMAR, RESIDING AT TAT COMPOUND, BENGALURU ROAD, CHALLAKERE – 577 522.
(d). T.V. SANDEEP TUPPAD S/O. MR. T. VIJAYA KUMAR, AGED ABOUT 31 YEARS, CHALLAKERE TALUK – 577 522.
2. T.A. THIPPESWAMY S/O. LATE KARIBASAPPA, AGED ABOUT 90 YEARS, PARTNER, SRI RAJESHWARI COTTON, GINNING AND PRESSING INDUSTRIES, MATADAKURUBARAHATTI, CHITRADURGA TALUK – 577 502.
3. MR. T. PRABHUDEV S/O. T.A. THIPPESWAMY, AGED ABOUT 65 YEARS, PARTNER, SRI RAJESHWARI COTTON, GINNING AND PRESSING INDUSTRIES, MATADAKURUBARAHATTI, CHITRADURGA TALUK – 577 502.
4. MR. KUMAR T.
S/O. T.A. THIPPESWAMY, AGED ABOUT 61 YEARS, PARTNER, SRI RAJESHWARI COTTON, GINNING AND PRESSING INDUSTRIES, MATADAKURUBARAHATTI, CHITRADURGA TALUK – 577 502.
5. MR. T. SURESH S/O. T.A. THIPPESWAMY, AGED ABOUT 55 YEARS, PARTNER, SRI RAJESHWARI COTTON, GINNING AND PRESSING INDUSTRIES, MATADAKURUBARAHATTI, CHITRADURGA TALUK – 577 502.
6. THE DEPUTY COMMISSIONER & ARBITRATOR, CHITRADURGA DISTRICT, CHITRADURGA.
... RESPONDENTS (BY SRI M.S. VENUGOPAL, ADVOCATE, FOR R5;
SRI VASANTH V. FERNANDES, H.C.G.P., FOR R6) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 18-8-2018 PASSED IN ARBITRATION SUIT NO.11 OF 2017 ON THE FILE OF THE PRINCIPAL DISTRICT & SESSIONS JUDGE, CHITRADURGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel for the appellant submits that a memo has been filed seeking permission to withdraw the appeal and that permission may be granted to withdraw the appeal.
Memo is perused.
The appeal is dismissed as withdrawn.
Sd/- JUDGE kvk Sd/- JUDGE