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2025 DAILYLAW 70250 (KAR)

M/S RANGANATHA ELECTRICALS AND ENGINEERS v. SRI UDAYAKUMAR M T

MFA/6687/2024 · 2025-08-13

Chillakur Sumalatha

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31259 MFA No. 6687 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 6687 OF 2024 (ECA) BETWEEN: M/S. RANGANATHA ELECTRICALS AND ENGINEERS NO. 515B, 1ST FLOOR, II CROSS, 15TH MAIN, SARASWATHIPURAM, MYSORE - 570 009. REPRESENTED BY ITS PROPRIETOR, G.P. RANGANATHA. …APPELLANT (BY SRI. CHANDRASHEKAR P., ADVOCATE (ABSENT)) AND: 1. SRI. UDAYAKUMAR M T S/O LATE THIMMASHETTY , AGED 57 YEARS, 2. SMT. M.U. MANJULA W/O M.T. UDAYAKUMAR AGED 51 YEARS, BOTH ARE RESIDING AT BALLYAMUNDOOR VILLAGE AND POST, VIRAJPET TALUK, KODAGU DISTRICT - 571 218. 3. SUPERINTENDENT OF ENGINEER (ELE) CHAMUNDESHWARI ELECTRICITY, SUPPLY COMPANY (CESC) LTD, SRI HARSHA ROAD, CESC, MYSORE - 570 022. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31259 MFA No. 6687 of 2024 4. THE EXECUTIVE ENGINEER, (ELE) CHAMUNDESHWARI ELECTRICITY, SUPPLY COMPANY (CESC) LTD, MADIKERI - 571 201. 5. THE ASSISTANT EXECUTIVE ENGINEER (ELE) CHAMUNDESHWARI ELECTRICITY, SUPPLY COMPANY (CESC) LTD, NAPOKLU, KODAGU DISTRICT - 571 214. 6. THE JUNIOR ENGINEER (ELE) CHAMUNDESHWARI, ELECTRICITY SUPPLY COMPANY (CESC) LTD, NAPOKLU, KODAGU DISTRICT - 571 214. 7. THE ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE NO. II, MUSLIM HOSTEL COMPLEX, NO. 2903, 1ST FLOOR, OPPOSITE FIRE BRIGADE, SARASWATHIPURAM, MYSORE - 570 009. …RESPONDENTS (BY SRI. DEVAIAH I.S, ADVOCATE FOR R1 AND R2; SRI. C. CHANNE GOWDA, ADVOCATE FOR R3 TO R5; R6 AND R7 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 30(1) OF EMPLOYEES COMPENSATION ACT, 1923 AGAINST THE JUDGMENT AND AWARD DATED 29.07.2024 PASSED IN E.C.A NO. 1/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND COMMISSIONER FOR THE EMPLOYEES COMPENSATION, VIRAJPET TALUK, KODAGU DISTRICT. AWARDING COMPENSATION OF RS. 7,74,795/- WITH INTEREST AT 12 PERCENT P.A. FROM THE DATE OF DEATH i.e., ON 30.04.2014 TILL REALIZATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:31259 MFA No. 6687 of 2024 CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT No representation on appellant's side on call. 2. The appellant filed I.A No.1/2025 seeking the Court to recall the order dated 16.12.2024 that was rendered in I.A No.1/2024. 3. I.A No.1/2024 was filed seeking the Court to dispense with the payment of statutory deposit of simple interest on the awarded amount. 4. This Court passed a detailed order on 16.12.2024 as to why the said application cannot be entertained. On dismissing the said application, Office was directed to list the appeal on production of certificate regarding payment of interest. However, the appellant filed I.A No.1/2025 to recall the said order. 5. There is no representation on appellant's side on this day. - 4 - HC-KAR NC: 2025:KHC:31259 MFA No. 6687 of 2024 6. In the affidavit given in support of the application, the appellant narrated his version as to how he is not liable to pay compensation. However nothing is stated and no grounds are projected as to why the order dated 16.12.2024 in I.A No.1/2024 is required to be re- called. 7. Sri. Devaiah I.S learned counsel for respondent Nos.1 and 2 submits that he filed his objections. Learned counsel contends that leave alone the interest amount the appellant has not even deposited the principal amount till now and no certificate to that effect is produced and thus the appeal is not maintainable. 8. Law is more than well settled regarding the requirement on part of the appellant to deposit the total awarded amount and to produce the certificate issued by the Commissioner to that effect. 9. Therefore this Court does not find any reasons to entertain I.A No.1/2025 and to recall the order in I.A 1/2024 dated 16.12.2024. Therefore, IA No.1/2025 stands - 5 - HC-KAR NC: 2025:KHC:31259 MFA No. 6687 of 2024 dismissed. Consequently, the proceedings in the appeal stands closed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS 0List No.: 1 Sl No.: 19 CT: BHK0