The Divisional Railway Manager ... vs Sri C.Subba Reddy
2023 Latest Caselaw 3175 Kant

                                             -1-
                                                     NC: 2023:KHC:20093
                                                       MFA No. 7899 of 2011




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 12TH DAY OF JUNE, 2023

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                    MISCELLANEOUS FIRST APPEAL NO.7899 OF 2011 (AA)

                   BETWEEN:

                   THE DIVISIONAL RAILWAY MANAGER (WORKS)
                   SOUTH WESTERN RAILWAY
                   BANGALORE DIVISION
                   BANGALORE
                                                           ...APPELLANT
                   (BY SRI ABHINAY Y T, ADVOCATE [ABSENT])
                   AND:

                   1.    SRI C.SUBBA REDDY
                         S/O LATE SRI DHARMA REDDY
                         MAJOR
Digitally signed         NO.604, 4TH CROSS
by SHARANYA T
Location: HIGH
                         2ND BLOCK, KALYANNAGAR
COURT OF                 BANGALORE 560023
KARNATAKA

                   2.    SRI B VENKATESWARULU
                         DEPUTY CHIEF ENGINEER/
                         CONSTRUCTION/GENERAL
                         SOUTH WESTERN RAILWAY
                         18, MILLERS ROAD
                         BANGALORE 560023
                                                     ...RESPONDENTS
                   (BY SRI SOMASUNDAR DIKSHIT, ADVOCATE FOR R1;
                   NOTICE TO R2 D/W)
                                -2-
                                       NC: 2023:KHC:20093
                                           MFA No. 7899 of 2011




     THIS MFA IS FILED U/S 37(1)(b) OF THE
ARBITRATION AND CONCILIATION ACT, AGAINST THE
JUDGMENT AND DECREE DATED 25.2.2011 PASSED IN
A.S.NO.18/2008 ON THE FILE OF VI ADDITIONAL CITY
CIVIL JUDGE, BANGALORE AND ETC.

     THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
                             ORDER

The counsel for the appellant is absent. This Court

vide order dated 29.05.2023 held that this is the appeal of

the year 2011 and almost 12 years have elapsed.

However, in the ends of justice, one more opportunity was

given to him and also made it clear that if the counsel for

the appellant does not appear on the next date of hearing,

the matter will be dismissed. Inspite of the said order, the

counsel for the appellant is not pursuing the matter

diligently. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

SN