The Management M/S Radial Protection (Pvt) Ltd. Vs H. S. Prabhu

H. S. PRABHU AGED ABOUT 38 YEARS C/O H. NAGARAJ, R/AT CHANDANA NILAYA, NO.710, GANESH SAW MILL ROAD, NEAR NELA MAHESHWARAMMA TEMPLE, T. DASARAHALLI, BENGALURU - 560 057.

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…RESPONDENT

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(BY SRI G.V.P. REDDY, ADVOCATE)

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NC: 2025:KHC:9280-DB WA No. 1395 of 2024

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 06.08.2024 ON IA-2 IN W.P. No.3999/2013 PASSED BY THE LEARNED SINGLE JUDGE, AND ALLOW THE IA-2 AS PRAYED FOR BY RECALLING THE DISMISSAL ORDER DATED 31.05.2024, BY ALLOWING THE WRIT APPEAL AND DIRECT THE LEARNED SINGLE JUDGE TO DECIDE THE MATTER ON MERITS & ETC.

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THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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Heard learned advocate Mr. P. Dhananjaya for learned advocate Mr. R. Krishna for the appellant and learned advocate

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Mr. G.V.P. Reddy for the respondent.

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This appeal is directed against the order dated 06.08.2024, whereby learned Single Judge has dismissed

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NC: 2025:KHC:9280-DB WA No. 1395 of 2024

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Interim Application No.2 of 2024 and consequently, confirmed the order dated 31.05.2024.

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From the reasoning of the order of learned Single Judge impugned in the appeal, it appears that learned Single Judge addressed the aspect about the filing of vakalatnama by two advocates including learned advocate Mr. P. Dhananjaya who appears for the appellant in the present proceedings, to conclude that I.A.No.2 of 2024 was filed without authority. Therefore, the earlier order of dismissal for non-prosecution was confirmed and the order dated 30.07.2024 of restoration came to be recalled.

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In course of the submission, it was stated by learned advocate Mr. P. Dhananjaya for the appellant that now he has already filed his vakalatnama and has the authority to represent the appellant-applicant in I.A.No.2 of 2024. He stated that learned advocate Mr. R. Krishna has no objection to appear which was already recorded by learned Single Judge in the impugned order.

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NC: 2025:KHC:9280-DB WA No. 1395 of 2024

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In order to enable the appellant herein to prosecute his

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case on merits rather than been thrown away on the technical aspect of non-filing of vakalatnama etc., the order of learned Single Judge dated 06.08.2024 is set aside.

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The writ proceedings shall stand restored and the same shall be listed before learned Single Judge as per roster on 20.03.2025.

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In view of the above, the writ appeal is accordingly allowed.

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Sd/(N. V. ANJARIA) CHIEF JUSTICE

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Sd/(M.I.ARUN) JUDGE

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KPS

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List No.: 1 Sl No.: 2

The Management M/S Radial Protection (Pvt) Ltd. v. H. S. Prabhu

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The Management M/S Radial Protection (Pvt) Ltd. v. H. S. Prabhu

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