B A HARISH GOWDA Vs. GREENPLY INDUSTRIES LTD

JUDGEMENT

(1.) Yet another appeal purporting to be under Section 4 of the Karnataka High Court Act and claiming to be by a person who was a non-party to the order questioned in this appeal and on the premise that the impugned order passed by the learned Single Judge of this Court on 09.07.2009 in Writ Petition No. 19066 of 2009 not only adversely affects the appellant's interest, but also has been passed without affording an opportunity of hearing to the appellant and therefore, the appellant should be permitted to appeal against this order by granting special leave for which purpose appellant has filed Misc. Application (Misc.W. 13135 of 2009). A further application (Misc.W. 13136 of 2009) has been filed under Section 5 of the Limitation Act seeking for condonation of 137 days delay in preferring the appeal which is explained to be under the circumstances of the appellant on the premise that the developments were not to the knowledge of the appellant as the appellant who was holding the post of Commissioner of Commercial Taxes had relinquished the post on the day the learned Single Judge passed the impugned order and developments thereafter being not to the knowledge of the appellant and the appellant also being of the bonafide that the concerned persons will have taken commensurate action and ultimately though such action, it appears, was taken in fact, by filing a Writ Appeal No. 3426/2009 against the very order though the appeal having came to be dismissed by this Court in terms of the judgment dated 06.11.2009, it has now become imminent for the appellant to present the present appeal by seeking permission to prosecute the appeal and also for praying to condone the delay to seek redressal of the grievance which the appellant has and to get over the affectation that, the appellant has suffered in terms of the impugned order.

(2.) There are two more Misc. Applications, one for production of additional documents (Misc.W. 13137/09) and another seeking for an order of stay of the order appealed against in this appeal (Misc.W. 13138/09).

(3.) This Court had issued notice to the respondent namely. Green Ply Industries Limited, a dealer under the provisions of KST Act and KVAT Act, who was the writ petitioner in Writ Petition No. 19066 of 2009 and the person at whose instance, this Court had issued a notice, as per our order dated 20.01.2010.