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Karnataka High Court · body

2015 DIGILAW 691 (KAR)

S. Lakshmikanth v. Managing Director, K. S. R. T. C.

2015-07-01

S.N.SATYANARAYANA

body2015
JUDGMENT S.N. Satyanarayana, J. 1. This appeal is by the claimant in MVC. No. 3369/10 on the file of MACT, Bengaluru. This appeal is filed with inordinate delay of 535 days. Hence, application in I.A. 1/13 is filed. Though this application is listed continuously for a period of 3 days, there is no representation on behalf of the appellant. Hence, this application is taken up today. On going through the application and the affidavit filed in support thereof, it is seen that the reasons stated is that the claimant was not able to give instructions to obtain certified copy before the Court in time. Hence there is delay. When the certified copy is looked into, it is seen that the judgment and award in MVC. No. 3369/10 is passed on 14.3.2012. Counsel on record has filed application to secure certified copy on 28.3.2012 i.e., within 14 days from the date of judgment. The certified copy is received on 3.4.2012. Therefore the averment made in the affidavit is a blatant lie. To get over the delay of 535 days in filing the appeal a white lie is uttered to see that sympathy of the Court is invoked and delay is condoned. In any event, on going through the affidavit it is clearly seen that it is a false affidavit. The delay is not satisfactorily explained. 2. Hence application filed in I.A. 1/13 for condonation of delay is dismissed. Consequently the appeal is also dismissed.