Karnataka High Court
National Highways Authority Of India vs Sri Bhimappa Shivaputrappa Hungund on 10 July, 2024
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NC: 2024:KHC-D:9620
MFA No. 102757 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 102757 OF 2024 (AA)
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT-BAGALKOT,
VEERABHADRESHWAR NILAYA, PLOT NO.15-C,
SECTION NO.73, 2ND CROSS, NAVANAGAR (UNIT-2),
BAGALKOT-587103, REPRESENTED BY ITS DGM (TECH.)
AND PROJECT DIRECTOR, MR. SYED AMANULLAH
EALIER ADDRESS WAS-
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT-KALBURGI,
PLOT NO.65, KOTHARI BHAVAN,
VENKATESH NAGAR, KALABURGI-585103.
...APPELLANT
(BY SRI. SHIVASAI M. PATIL, ADVOCATE)
AND:
1. SRI. BHIMAPPA SHIVAPUTRAPPA HUNGUND,
MAJOR, S/O. SHIVAPUTRAPPA HUNGUND,
AGED NOT KNOWN, SY NO.755/2+2B,
Digitally signed
by MANJANNA R/O. HUNGUND VILLAGE, HUNAGUND TALUK-587118.
E
Location: HIGH 2. THE DEPUTY COMMISSIONER AND ARBITRATOR,
COURT OF
KARNATAKA BAGALKOT DISTRICT, BAGALKOT-587103.
...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1) (c) OF ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO CALL FOR THE RECORDS OF
THE ARBITRATION PROCEEDING IN ARBITRATION PETITION NO.
20/2022 ON THE FILE OF THE COURT OF THE PRINCIPAL DISTRICT
AND SESSIONS JUDGE, BAGALKOT AND SET ASIDE THE IMPUGNED
ORDER DATED 21.03.2024 I.A.NO.1/2022 IN ARBITRATION
PETITION NO. 20/2022 PASSED BY THE COURT OF THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, BAGALKOT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:9620
MFA No. 102757 of 2024
JUDGMENT
Learned High Court Government Pleader is directed to take notice for respondent No.2.
The present appeal arising out of the impugned order dated 21.03.2024 passed on I.A.No.1/2022 filed under Section 36 (2) of the Arbitration and Conciliation Act, 1996 read with Section 151 of the CPC., before the trial Court.
The operative portion of the impugned order is as under:
"The operation of Arbitral Award dated 28.04.2022 passed by the Arbitrator and Deputy Commissioner, District Bagalkot in No.RB/LAQ/NH-13/CR-178/2012-13 of Hunagund village is hereby stayed subject to the petitioner depositing 50% of the compensation amount as awarded by the Arbitrator before Executing Court within a period of 8 weeks."
Perusal of Order 43 Rule 1 of the CPC., the impugned order is not appeable order. Under such circumstances, I deem it fit and proper to convert, this appeal as Writ Petition (WP).
Accordingly, the registry is directed to convert this Miscellaneous First Appeal (MFA) into Writ Petition (WP). -3-
NC: 2024:KHC-D:9620 MFA No. 102757 of 2024 The Registry is also directed to permit the learned counsel for the appellant to carry out the necessary correction in the appeal papers for the purpose of enabling Miscellaneous First Appeal (MFA) to be converted into Writ petition (WP).
Appeal stands disposed off for the statistical purpose.
Sd/-
JUDGE AC/ct-an List No.: 1 Sl No.: 26