Management's writ petition against an employee-related matter was listed for preliminary hearing; neither the petitioner nor counsel appeared and previously imposed costs of Rs.1,000/- were unpaid, indicating loss of interest in prosecution. The court dismissed the writ petition for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:26120 WP No. 33518 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 33518 OF 2019 (L-RES)
BETWEEN
THE MANAGEMENT OF INDIANA HOSPITAL AND HEART INSTITUTE LTD., NEAR MAHAVEER CIRCLE, KANKANADY POST, PUMPWELL, MANGALORE-567 002. REPRESENTED BY GENERAL MANAGER, SRI. ANOOP NAMBIAR, S/O V.P.DIVAKARAN NAMBIAR, AGED ABOUT 42 YEARS, R/AT B-306, BRIGADE PINNACLE DEREBAIL, MANGALORE-575 006.
...PETITIONER
(BY S.N.SAMEER., ADVOCATE [ABSENT])
AND
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
SRI. AMITH ROY.G.MONTERIO S/O LOUIS MOTERIO, AGED ABOUT 35 YEARS, PANAJALA HOSUE, TALAPADY POST, MANGALORE-DK-575 023.
...RESPONDENT
(BY SRI. P.S.VEERESH., ADVOCATE FOR SRI. SANATH KUMAR SHETTY.K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
NC: 2024:KHC:26120 WP No. 33518 of 2019
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
When the matter is called, there is no representation on behalf of the petitioner, either personally or through video conferencing.
Sri.P.S.Veeresh., learned counsel on behalf of
Sri.Sanathkumar Shetty.K., for the respondent has appeared in person.
As could be seen from the daily order sheet, the petition was listed on 02.07.2024, on that day, learned counsel for the petitioner sought time. This Court was not inclined to grant time since the matter is of the year 2019. However, time was granted subject to payment of cost of Rs.1,000/- (Rupees One Thousand only) to Karnataka Advocates' Clerk Benevolent Trust, High Court of Karnataka, Bengaluru. It was ordered to be listed on 09.07.2024.
The petition is listed today. As already noted above, when the matter is called, there is no representation on behalf of the petitioner, either personally or through video conferencing. The
NC: 2024:KHC:26120 WP No. 33518 of 2019
cost of Rs.1,000/- (Rupees One Thousand only) is also not paid. It appears that the petitioner is not interested in prosecuting the petition. Hence, the Writ Petition is dismissed
for non-prosecution.
Sd/JUDGE
MRP List No.: 1 Sl No.: 10
The Management of Indiana Hospital and Heart Institute Ltd.
Sri. Amith Roy.G.Monterio
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
