MFA dismissed because appeal counsel remained absent and failed to comply with court orders to address office objections despite warnings and costs.
Appeal dismissed for non-prosecution and non-compliance with office objections.
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NC: 2024:KHC:2237-DB MFA No. 6237 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2024 PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL NO. 6237 OF 2023 (MV-D)
BETWEEN:
Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA
…APPELLANTS
(BY SRI. E. RAJAGOPAL., ADVOCATE)
AND:
NC: 2024:KHC:2237-DB MFA No. 6237 of 2023
(INSURER OF TRACTOR BEARING NO. K.A-41-T-252 POLOCY NO. 1 CEJLISD P400 50271144, FOR THE PERIOD 26-01-2017 TO 25-01-2018)
…RESPONDENTS
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.20.04.2023 PASSED IN MVC NO.380/2021 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT-3, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, DR.H.B.PRABHAKARA SASTRY J., DELIVERED THE FOLLOWING:
ORDER
Called again in the afternoon.
again remained absent.
that inspite of granting several and sufficient opportunities
NC: 2024:KHC:2237-DB MFA No. 6237 of 2023
of not less than five times, the learned counsel for the appellants has not complied the office objections.
"Learned counsel for the appellants prays for time to comply with office objections.
Considering the fact that opportunities of not less than four times have already been granted, the Court suggested that granting of any further time would be only upon payment of cost of Rs.200/- per day, learned counsel prefers seven days time.
Accordingly, imposing a cost of `1000/payable by the appellants to the Legal Services Committee of this Court within three days from today and filing a compliance memo along with original receipt in the registry to that effect within the said time, as a final last opportunity, seven days time is granted to comply with office objections. .
In case, if, the office objections are not complied after payment of the cost, within the time, list the matter on 17.01.2024."
learned counsel for the appellants has not filed any memo along with receipt showing the payment of the cost as ordered above. Further, the office objections have remained not complied.
Sd/JUDGE
Sd/JUDGE
Sk/List No.: 1 Sl No.: 12
Sri. Ramesh S/o Manchaiah and Others
IFFCO TOKIO GENERAL INSURANCE CO. LTD. and Others
H.B. Prabhakara Sastry
Ramachandra D. Huddar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
