IN THE HIGH COURT OF KARNATAKA, AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2017 PRESENT THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL No. 93/2016 (GM-RES) Between:
Karnataka Drugs and Pharmaceuticals Manufacturers Association, 3B, Bharath Delux Apartment, 44/1, A and B, Fairfield Layout, Race Course Road, Bengaluru - 560 001 - Represented by its Secretary M.Jatish Sheth.
(By Sri./Smt : P.P. HEGDE., Advocate) AND 1. Central Drugs Standard Control Organisation, Directorate General of Health Services, Ministry of Health & Family Welfare. Foor & Drugs Administration Bhawan, Kotla Road, New Delhi - 110002 Bengaluru - 560 001.
... APPELLANT …2 2. Drugs Controller for the State of Karnataka, Drugs Control Department, Next to Carton House, Palace Road, Bengaluru – 560 001.
(By Sri./Smt : GA SD) ... RESPONDENTS This Writ Appeal is filed U/S 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition 30513/2009 Dated: 04/12/2015.
This Writ Appeal coming on for orders this day the court made the following order.
Orders on I.A.No.I of 2017 and I.A.No.II of 2017 By our order dated April 11, 2017, while recalling the earlier order dated August 2, 2016, dismissing the appeal for non-compliance of office objections, three weeks’ time was granted to the appellant to comply with the office objections. In default, we directed that the appeal would stand dismissed without further reference to the Bench.
The present application are filed for recalling of the order dated April 11, 2017 and to condone the delay in filing the recalling application.
After hearing the learned advocate appearing in support of the applications and considering the averments contained in the affidavit annexed to the …3 applications, we are satisfied that the appellant was prevented by sufficient cause from removing the office objections in time, as stipulated in our order dated April 11, 2017.
Therefore, we recall the order dated April 11, 2017, upon condonation of delay in filing the application for recalling and restore the writ appeal to its original file and number.
The applications stand allowed. We make no order as to costs.
Order in the writ appeal The appellant is directed to comply with the office objections by three weeks, peremptorily.
In default, the writ appeal shall stand dismissed without further reference to the Bench.
Sd/- CHIEF JUSTICE T By: JAY C By: R R By: JAY Sd/- JUDGE COPY Sd/- ASSISTANT REGISTRAR