Mr Dinakar Ullal vs Mr. M.A.Ahmed
2023 Latest Caselaw 1778 Kant

                                                -1-
                                                         MFA No. 270 of 2020




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 10TH DAY OF MARCH, 2023
                                                BEFORE
                         THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                        MISCELLANEOUS FIRST APPEAL NO. 270 OF 2020 (ECA)
                   BETWEEN:
                   MR. DINAKAR ULLAL
                   S/O LATE U CHANDAPPA
                   AGED ABOUT 63 YEARS,
                   CLASS I CONTRACTOR
                   DEVACHAND CONSTRUCTIONS
                   THOKOTTU POST, PERMANOOR
                   ULLAL, MANGALORE TALUK
                   D K DISTRICT PIN-575007

                                                                    ...APPELLANT
                   (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE)
                   AND:
                   1. MR. M.A.AHMED
                      S/O ALTE G M ABDULLA
Digitally signed      AGED ABOUT 70 YEARS,
by
BHARATHIDEVI          RESIDING AT AJJIKATTE
K KORLAHALLI
Location: High        KADIMBALA VILLAGE AND POST,
Court of
Karnataka             PUTTUR TALUK D K DISTRICT
                      PIN-574307

                   2.    SMT MARIYAMMA
                         W/O M A AHMED
                         AGED ABOUT 50 YEARS,

                   3.    SMT JAMEELA
                         AGED ABOUT 19 YEARS,
                            -2-
                                     MFA No. 270 of 2020




     RESPONDENTS NO.2 AND 3 ARE
     RESIDING AT AJJIKATTE,
     KODIMBALA VILLAGE AND POST,
     PUTTUR TALUK, D K DISTRICT -574307

4.   THE SENIOR DIVISIONAL PERSONAL OFFICER
     SOUTHERN RAILWAYS
     PALGHAT DIVISION
     PALGHAT, KERALA STATE -678001

5.   MR ABDULLA HAJI
     CONTRACTOR
     ADRUTHODU HOUSE
     NEAR CHERKALA, EDAWER POST
     KASARGOD TALUK
     KERALA STATE-671541

6.   THE DIVISIONAL MANAGER
     REPRESENTING SOUTHERN RAILWAYS
     DIVISIOANL OFFICE
     MYSORE -570001

7.   DEPUTY CHIEF ENGINEER
     SOUTHERN RAILWAYS
     GANGE CONVERSION
     REPRESENTING SOUTHER RAILWAYS
     MANGALORE, D K DISTRICT
     PIN-575001
                                              ...RESPONDENTS
(BY SRI. K. CHANDRANATH ARIGA., ADVOCATE FOR C/R3)
     THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 30(1) OF
EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT AND
AWARD DATED.22.07.2019, PASSED IN ECA. NO.21/2014, ON THE
FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND COMMISSIONER
FOR WORKMEN'S COMPENSATION, PUTTUR, D.K., AWARDING
                             -3-
                                        MFA No. 270 of 2020




COMPENSATION OF RS.4,48,000/- WITH INTEREST AT THE RATE
OF 7 PERCENT P.A., FROM THE DATE OF PETITION TILL ITS
REALISATION.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

Learned counsel for the appellant who is physically

present submits that despite his instructions appellant is not

cooperating in complying with the office objections. Hence, he

is unable to comply with the office objections.

2. In the light of the above submission that the

appellant himself is said to be not cooperating in complying

with the office objections, there is no point in further

continuing the matter for compliance of office objections as the

appeal is three years old appeal.

Hence, the appeal is dismissed for noncompliance of

office objections.

Sd/-

JUDGE BVK