M/S Precious Gas Services v. Employees State Insurance Corporation And ANR.

1/2 10-ia-10215-2022 in fast-95908-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10215 OF 2022 IN FIRST APPEAL (ST) NO. 95908 OF 2020 M/s. Precious Gas Services ...Applicant Vs.

Employees' State Insurance Corporation and Anr.

...Respondents

.....

Mr. Rahul Gurjar i/b. Mr. P. M. Bhagat, for the Applicant / Digitally signed by MAMTA AMAR KALE Date:

2022.07.22 13:10:17 +0530 Appellant.

MAMTA AMAR KALE Mr. Shailesh S. Pathak, for the Respondent Nos.1 and 2 / ESIC. .....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 22 JULY, 2022 P.C.

.

It is an application for condonation of delay moved by the Applicant / Appellant.

2.

Heard Mr. Rahul Gurjar i/b. Mr. P. M. Bhagat, learned counsel for the Applicant / Appellant and Mr. Shailesh S. Pathak, learned counsel for the Respondent Nos.1 and 2 / ESIC. Mamta Kale

2/2 10-ia-10215-2022 in fast-95908-2020.doc 3.

Learned counsel for the Applicant urged to condone the delay of 311 days in view of reasons stated in the application for condonation of delay.

4.

On the other hand, Mr. Shailesh S. Pathak, learned counsel for the Respondent Nos.1 and 2 has strongly opposed to condone the delay. According to Mr. Pathak, the reasons assigned in the application for condonation of delay are not satisfactory and it is one more attempt to prolong the litigation.

5.

However, in the interest of justice and in order to decide the appeal on its own merits, it is necessary to condone the delay.

ORDER

(i) The application for condonation of delay is hereby allowed in terms of prayer clause 5(a). (ii) The Registry is directed to make scrutiny of the appeal as per procedure and thereafter, it be numbered and placed before the concerned Court for admission.

(iii) The civil application is accordingly disposed of.

(SHRIKANT D. KULKARNI, J.) Mamta Kale