LAWS(KAR)-2023-7-285

NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. SHIVANAGAMMA

Decided On July 11, 2023
NATIONAL HIGHWAYS AUTHORITY OF INDIA Appellant
V/S
SHIVANAGAMMA Respondents

JUDGEMENT

(1.) These appeals are listed for final hearing and I have heard the learned counsel for the appellants and learned counsel for the respondents.

(2.) These two appeals are filed challenging the order dtd. 25/10/2019 passed in A.S.Nos.13/2019 and 3/2019 on the file of the Principal District and Sessions Judge, Chamarajanagar District, rejecting the arbitration suits filed by the appellants and confirming the arbitral award passed by the Additional Deputy Commissioner, Chamarajanagar District.

(3.) Learned counsel appearing for the appellants would submit that this Court while considering the order of dismissal of arbitration suits dtd. 25/10/2019 in M.F.A.No.2104/2020 and connected appeals, quashed the impugned common order and the award and remanded the matter to the Deputy Commissioner, Chamarajanagar to consider the same afresh and similar order requires to be passed in these appeals also since, already the arbitration suits which have been dismissed by the Trial Court is quashed and matter is remanded back to the Deputy Commissioner, Chamarajanagar to decide the arbitration claims of the appellants and the contesting respondents within an outer limit of six months from the date of receipt of certified copy of this order and appellants as also the contesting respondents have appeared before the Deputy Commissioner, Chamarajanagar District without further notice on 25/7/2023. The counsel also would contend that when the common order passed in respect of other arbitration suits are quashed and arbitral claims of the appellants and the contesting respondents are restored, these matters also to be remanded to the Deputy Commissioner, Chamarajanagar.