IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 318'!' DAY 05' MAY, 201;
PRESENT: _ i 4'
THE HON'BLE MR.JUS'1'ICE h
' _ ._ '
THE HON'BLE MR.JI:sfI*Ic'1«5---Ai'r<;txLI 1'
Misc.cvL.''*.7<§V''{)i OF 202.
M.F.A.Na,_ 7837 i?';<ii;-74(\Nc) "
Between:
National Ins1i1':«:J1ei~: Lfitdij
r V ~ 7 .....AppeI1ant
(By Sri_._ Afiveeate)
h'I1afHS€li}._aI1.d otheixé _
* ' ' .... ..Respondents
=iI!1!.*=
“Misc.Cvi. is filed under Section 5 of Limitation
‘VAC; pifayiV:igf.i’ie”e0nd0ne the deiay of I 161 days in fiiing the
Recalling7jAppIi(:ati0n against the order dated 01/ 10/ 2007
pa-ssed_Vby,this Court, in the interest ofjustiee and equity.
Z This Mise.CVi. coming On for Orders this day,
2 V. PATIL J made the fellowingz
:0Fi’DEF?:
The instant Misc. CV1, is filed
counsel for the appellant for
l 161 days in filing the reeallingapiplicationd’
order dated 1.10.2007.
2. We have heard cotinsel for the
appellant. H A L i V A
3. VVii1″‘ii1’iling the recalling
application.theliiiaiiidavit filed along with
the when this matter had come
up for this Court had granted ten
days “time for..V_comp[iance, failing which, the appeal
h.e–.4:cI’isn1issed without reference to the bench.
the subject matter involved in this
case x within the jurisdiction of the Circuit Bench
atDAharwad, the entire file was transferred to the said
‘Beneh, wherein it is pointed out that the appeal has
“been dismissed for non prosecution before the Principal
Bench and during these process, there is a delay which
Eaag”
is bonafide and not intentional one. The said
explanation offered by the learned counsel..Vllf.o_f~.o_the
appellant for condonation of delay is satisfacfcfyi’
accept the same.
4. Hence, for the reasons state ‘in”~t_l’1eV’a,ffi§:l’z:vit
filed along with the apjo_lica.tion; ithis
allowed. The delayln fillngfl”ther._.;1p1:lea}:,_jAs_cond0ned,
subject to the condillonl’- ‘appellant Shall
deposit the eQ§t.pf tlj.;.Ve”‘l<llar¥1ataka High
Court one week from
today," fidated 1.10.2007 stands
restofed'; 32szi'tho'oi- .af1y.x\L1VIl;h€I' orders.
Séfe:
Eafigé
Si}?