Karnataka High Court
WA/974/2026 of SRI. OMKARAMURTHY. T. G. Vs M/S. BIESSE MANUFACTURING COMPANY LTD., on 28 April 2026
NC: 2026:KHC:23700-DB WA No. 974 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 974 OF 2026 (L-RES) BETWEEN: SRI. OMKARAMURTHY. T.G., S/O.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF APRIL, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 974 OF 2026 (L-RES)
BETWEEN:
SRI. OMKARAMURTHY. T.G.,
S/O. GANGADHARAIAH,
AGED ABOUT 39 YEARS,
OLD ADDRESS AT NO. 156/1,
SUNANDAMMA BUILDING,
5TH CROSS, VIDYANAGARA,
T. DASARAHALLI,
BENGALURU - 560 057.
NOW RESIDING AT:
BIDREGUDI,
THIMMANAPURA
MATTIHALLI POST,
TIPTUR TALUKA,
TUMAKURU DISTRICT,
KARNATAKA - 572 201.
…APPELLANT
(BY SRI. AVANI CHOKSHI, ADVOCATE)
AND:
M/S. BIESSE MANUFACTURING COMPANY LTD.,
NOW RENAMED AS M/S BIESSE INDIA PVT. LTD.
SURVEY NO. 32, NO. 649, JAKKASANDRA GRAMA, NELAMANGALA, BENGALURU RURAL - 562 123.
REPRESENTED BY MANAGING DIRECTOR
…RESPONDENT
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ISSUE AN
APPROPRIATE WRIT, ORDER OR DIRECTION SETTING ASIDE
THE ORDER OF THE LEARNED SINGLE JUDGE IN WRIT
PETITION
No.42746/2018
DATED:08.02.2024,
AND
ACCORDINGLY REJECT THE PETITION.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra Court appeal has been filed impugning the judgment and order dated 08.02.2024 passed by the Writ Court in W.P.No.42746/2018.
2. This writ appeal has been filed with inordinate delay of 739 days in filing the appeal. The reasons for filing the appeal with such an inordinate delay have been explained in the affidavit accompanying the application I.A.No.1/2026 filed under Section 5 of the Limitation Act,
HC-KAR
1963, seeking condonation of delay of 739 days in filing the appeal.
3. The reasons stated in paragraph No.3 and 4 to the affidavit are extracted hereunder: "3. I state that I was not aware regarding passage of judgment by the Hon'ble High Court Single Judge for a long period of time, and was not able to get proper information from my lawyer. Hence, I only reaslized that the Judgment had been passed very belatedly.
4. I state that there is some delay in filing this appeal as I have struggled to sustain myself and my family since I was illegally retrenched in 2013. My family and I have faced immense economic hardship over the last several years due to the sudden loss of income following the illegal retrenchment. The process of pursuing legal recourse to justice has also placed some additional economic burdens on us at a time when severe economic hardship is already upon us. I state that I have not intentionally delayed filing of this appeal. I have been coordinating with my lawyers to ensure that I follow the law, the proceedings of the court and pursue this path to equity and justice before this Hon'ble Court."
4. We have perused the affidavit and heard learned counsel for appellant. The reasons explained in the affidavit are neither convincing nor bonafide to condone the inordinate delay of 739 days in preferring the appeal.
HC-KAR
5. We therefore, dismiss the application I.A.No.1/2026 seeking condonation of delay of 739 days in filing the appeal so also writ appeal stands dismissed.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
RR List No.: 1 Sl No.: 1 ct-vn