The Managing Director vs Jahidul Islam
2023 Latest Caselaw 2285 Kant

                                                -1-
                                                           MFA No. 3241 of 2021




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 19TH DAY OF APRIL, 2023

                                              BEFORE
                       THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                     MISCELLANEOUS FIRST APPEAL NO. 3241 OF 2021 (MV-I)
                   BETWEEN:

                       The Managing Director,
                       KSRTC, Central Office,
                       Sarige Bhavan ,
                       Siddaiah Road,
                       Double Road,
                       Shantinagara,
                       Bengaluru-27.
                       And Now Represented
                       By Karnataka State Road Transport
                       Corporation, Central Office,
                       By its
                       Chief Law Officer,
                       Bengaluru.


Digitally signed
                                                                 ...Appellant
by
BHARATHIDEVI
K KORLAHALLI
                   (By Smt. S. Nirmala.,Advocate)
Location: High
Court of
Karnataka          AND:

                       Jahidul Islam
                       S/o Raushan Ali,
                       Aged 29 Years,
                       R/o Tedhara Pathar Village,
                       Baghbar-P S
                       Barpeta-Sub Division,
                       Barpeta District,
                       Assam State
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                                        MFA No. 3241 of 2021




    Presently R/At
    Udupas Enterprises, No. 2609
    15th Main, 9th Cross,
    Sahakaranagar,
    Bengaluru - 560092.

                                              ...Respondent


     This Miscellaneous First Appeal is filed u/s 173(1) of MV
Act praying to modify the judgment and order dated: 29-08-
2020 passed in MVC.No.3839/2017 before the Motor Accident
Claims Tribunal, Bangalore (SCCH-11) in the interest of justice
and equity and grant such other orders as this Hon'ble Court
deems fit in the circumstances of the case;

      This Appeal coming on for orders through Physical
Hearing/video Conference this day, the Court made the
following:
                           ORDER

Learned counsel for the appellant is neither present

physically nor through Video Conference.

2. On 17.04.2023, this Court had made the following

observations :

" Learned counsel for the appellant neither present physically nor through video conference.

Even though, the notice to the respondent was ordered on 03.08.2021 but till date appellant has not ensured the service of notice to respondent. As such, finally, appellant is permitted to take fresh steps by furnishing correct, complete and present address of

MFA No. 3241 of 2021

respondent during the course of the day, failing which, the Court may proceed to pass appropriate order including dismissal of the appeal itself, in case appropriate steps are not taken during the course of the day.

List the matter on 19.04.2023."

In spite of the above observation, the appellant has

neither taken steps to ensure service of notice upon the

respondent nor shown any reasons for non-appearance or

for not taking the steps.

Hence, the Appeal stands dismissed for

non-prosecution, as well as for not taking the steps.

Sd/-

JUDGE