The Director, Employees State Insurance Corporation v. The Exe.Engineer,Maharashtra State Electricity Distribution Co Ltd And ANR

25 caf1434-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1434 OF 2014 IN FIRST APPEAL (ST). NO.12942 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Shailesh S. Pathak for the applicant Mrs.A.R.S.Baxi for the respondent no.1

CORAM

: K.K.TATED, J.

DATED : 26/06/2015 PC:

Heard the learned counsel for the parties.

Though respondent no.2 is duly served, no one appeared on behalf of them when the matter is called out.

This application is for condonation of 53 days delay in filing First Appeal challenging the judgment and decree dated 29.11.2012 passed by Employees State Insurance Court at Sangli in Application (ESI) No.4 of 2003.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

Mohite 1/2

25 caf1434-14.doc A) Civil Application is allowed in terms of prayer clause (a) which read thus:

"(a) That the delay of 53 days in filing the Memo of Appeal may please be condoned and that the appeal be taken on record and ordered to be numbered."

B) Rule made absolute accordingly.

(K.K.TATED, J.) Mohite 2/2