Next > IN THE HIGH COURT OF KARNATAKA, AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2017 PRESENT THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO. 26/2015 (GM-RES) BETWEEN:
M/S.SHIVAPRAKASH SERVICE STATION, AUTHORISED DEALER OF BHARATH PETROLEUM CORPORATION LTD., HONNALLI ROAD, BASAVAPATNA, CHANNAGIRI TALUK, DAVANAGERE DISTRICT,-577213 BY ITS PROPRIETOR SMT.B.N.GEETHA (BY SRI./SMT.: S. SUBHASH, ADVOCATE) AND 1. BHARATH PETROLEUM CORPN LTD., A GOVERNMENT OF INDIA ENTERPRISE, REPRESENTED BY ITS TERRITORY MANAGER (RETAIL), NEAR APMC YARD, OFF N.H. 17, BALKAMPADY, ... APPELLANT/S .
MANGALORE-575 001. …2 2. THE DEPUTY MANAGER SALES, BHARATH PETROLEUM CORPN. LTD., VISHWAS FUELS, OPP: FIRE STATION, NEAR KSRTC BUS STAND, P.B.ROAD, DAVANAGRE.
…RESPONDENT/S 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 NO.14412/2008 DATED: 10/12/2013.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY THE COURT MADE THE FOLLOWING ORDER.
ORDER ON I.A. NOs. I OF 2017 AND I OF 2016 By our order dated April 12, 2016, we had directed the appellant to comply with the office objections peremptorily.
The office objections were not cured. Therefore, the writ appeal stood dismissed.
After hearing the learned advocate in support of the applications, one for recalling the order dated April 12, 2016, and another for condoning the delay in filing the recalling application, …3 we are satisfied that the appellant was prevented by sufficient cause from curing the defects in time. The delay has, also, been sufficiently explained.
Therefore, the delay in filing the recalling application is condoned, and the order dated April 12, 2016, is recalled. The appeal is restored to its original file and number.
I.A. Nos.I of 2017 and I of 2016 stand allowed.
The learned advocate for the appellant is directed to comply with the office objections by three weeks. In default, the writ appeal shall stand dismissed without further reference to the Bench.
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