Dismissed¶5

Sri. Omkaramurthy. T. G. v. M/S. Biesse Manufacturing Company Ltd.

Karnataka HC28 Apr 2026WA/974/2026

Case brief

AI extract

What is this about?

Karnataka HC Bengaluru; WA No. 974 of 2026 (L-RES); oral judgment 28.04.2026; bench D K Singh & T.M. Nadaf (per D K Singh); intra-court writ appeal vs Single Judge order dated 08.02.2024 in W.P.No.42746/2018; condonation of 739-day delay under Section 5 Limitation Act 1963 refused (reasons neither convincing nor bonafide); I.A.No.1/2026 and writ appeal dismissed; appellant Omkaramurthy T.G.; respondent M/s Biesse India Pvt. Ltd.; Section 4 Karnataka High Court Act 1961.

What did the court decide?

The reasons explained in the appellant's affidavit are neither convincing nor bonafide to condone the inordinate delay of 739 days in preferring the appeal. ¶4

Sri. Omkaramurthy. T. G. Vs M/S. Biesse Manufacturing Company Ltd. — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:23700-DB WA No. 974 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF APRIL, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH AND

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THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 974 OF 2026 (L-RES)

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BETWEEN:

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Digitally signed by REKHA R Location: High Court of Karnataka

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SRI. OMKARAMURTHY. T.G., S/O. GANGADHARAIAH, AGED ABOUT 39 YEARS, OLD ADDRESS AT NO. 156/1, SUNANDAMMA BUILDING, 5^TH CROSS, VIDYANAGARA, T. DASARAHALLI, BENGALURU - 560 057. NOW RESIDING AT: BIDREGUDI, THIMMANAPURA MATTIHALLI POST, TIPTUR TALUKA, TUMAKURU DISTRICT, KARNATAKA - 572 201. …APPELLANT (BY SRI. AVANI CHOKSHI, ADVOCATE) AND:

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M/S. BIESSE MANUFACTURING COMPANY LTD., NOW RENAMED AS M/S BIESSE INDIA PVT. LTD. SURVEY NO. 32, NO. 649, JAKKASANDRA GRAMA, NELAMANGALA, BENGALURU RURAL - 562 123. REPRESENTED BY MANAGING DIRECTOR

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…RESPONDENT

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2 - NC: 2026:KHC:23700-DB WA No. 974 of 2026

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HC-KAR

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION SETTING ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE IN WRIT PETITION No.42746/2018 DATED:08.02.2024, AND ACCORDINGLY REJECT THE PETITION.

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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 MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present intra Court appeal has been filed impugning the judgment and order dated 08.02.2024 passed by the Writ Court in W.P.No.42746/2018.

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This writ appeal has been filed with inordinate delay of 739 days in filing the appeal. The reasons for filing the appeal with such an inordinate delay have been explained in the affidavit accompanying the application I.A.No.1/2026 filed under Section 5 of the Limitation Act,

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NC: 2026:KHC:23700-DB WA No. 974 of 2026

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HC-KAR

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1963, seeking condonation of delay of 739 days in filing

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the appeal.

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The reasons stated in paragraph No.3 and 4 to

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the affidavit are extracted hereunder:

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"3. I state that I was not aware regarding passage of judgment by the Hon'ble High Court Single Judge for a long period of time, and was not able to get proper information from my lawyer. Hence, I only reaslized that the Judgment had been passed very belatedly.

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4. I state that there is some delay in filing this appeal as I have struggled to sustain myself and my family since I was illegally retrenched in 2013. My family and I have faced immense economic hardship over the last several years due to the sudden loss of income following the illegal retrenchment. The process of pursuing legal recourse to justice has also placed some additional economic burdens on us at a time when severe economic hardship is already upon us. I state that I have not intentionally delayed filing of this appeal. I have been coordinating with my lawyers to ensure that I follow the law, the proceedings of the court and pursue this path to equity and justice before this Hon'ble Court."

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