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Bombay High CourtCAF/3613/2017allowed

Employees State Insurance Corporation, v. M/S.Suman Enterprises,Prop.Mrs.Suman P.Hajare,

2022-04-21Hon'Ble Shri Justice Madhav J. Jamdar2 pages

10-CAF-3613-2017 .DOC Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3613 OF 2017 IN FIRST APPEAL (ST) NO. 8478 OF 2017 Employees State Insurance Corporation ...Applicant

Versus

M/s. Suman Enterprises Proprietor Mrs.

Suman P. Hajare

...Respondent

SONALI MILIND PATIL by SONALI MILIND PATIL Date: 2022.05.18 12:11:50 +0530 Mr. Shailesh S. Pathak, for the Applicant.

CORAM

Madhav J. Jamdar, J.

DATED:

21st April 2022 PC:- 1.

Heard Mr. Shailesh Pathak for the Applicant.

2.

This Civil Application is filed for condonation of delay of 60 days in filing the First Appeal. By the First Appeal judgment and order dated 27th October, 2016 passed by the learned Judge, Employees' Insurance Court, Pune in Application (ESI) No.6 of 2013 is challenged. 21st April 2022

10-CAF-3613-2017 .DOC 3.

Mr. Pathak submits that in paragraph 6, the Applicant has set out the reasons for delay. He submits that the reasons set out are sufficient reasons. He submits that there is no deliberate or wilful delay in filing the Appeal. 4.

In paragraph 6 of the application the reasons given are that record is bulky therefore, some time was required for filing the Appeal. It is also stated that some time was required to take decision to file the Appeal and for that purpose, record was sent to various authorities and therefore, due to administrative difficulty, some time was required. 5.

Although the sole Respondent is served, none appears for the Respondent. The contentions raised in the Civil Application have remained unchallenged. In view of this and for the reasons set out in the Civil Application, the Civil Application is allowed in terms of prayer clause (a). 6.

The Civil Application is disposed of in above terms. (Madhav J. Jamdar, J.) 21st April 2022