Jyoti Ice Cream Mfg Co. v. The Regional Director, The Employees State Insurance Corporation

13 caf 903-09=.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 903 OF 2009 IN FIRST APPEAL NO. 225 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. S.C. Naidu I/b C.R. Naidu for the Applicant.

Mr. Mahendra Agavekar I/b P.M. Palshikar for Respondent No.1.

CORAM: K.K.TATED, J.

DATED : 16.09.2019 P.C.

Heard learned Counsel for the parties.

By this Civil Application, Applicant is seeking stay of operation and implementation of the impugned order dated 26.06.1997 passed by the Respondent Corporation.

The learned counsel for the Applicant filed additional affidavit dated 29.08.2019 stating that they deposited the entire amount. Along with the said affidavit, they also placed on record photocopy of challan dated 26.09.1997.

Hence, Registry is directed to verify the Sneha Chavan 1/2

13 caf 903-09=.odt same.

In view of Additional affidavit dated 29.08.2019 filed by the Applicant, I am satisfied that Applicant has made out a case for allowing this Civil Application.

Hence, the following order is passed:

a) Civil Application is allowed in terms of prayer clause (a), which reads thus: "a) Order stay of operation/ enforcement and implementation of the order (under Section 45-A) dated 26th June 1997 passed by the Respondent Corporation by an appropriate order of this Hon'ble Court during pendency of the above First Appeal before this Hon'ble Court."

b) The Civil Application stands disposed of accordingly.

c) No order as to costs.

(K.K.TATED, J.) Sneha Chavan 2/2