The Regional Director, Employees State Insurance Corporation And ORS. v. M/S. Atur India Pvt. Ltd.

caf-558-16-(15)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.558 OF 2016 IN FIRST APPEAL St.NO.14426 OF 2015 The Regional Director Employees State Insurance Corporation & Ors ..Applicants Vs.

M/s. Atur India Pvt Ltd.

..Respondent Mr. H. V. Mehta for the Applicants Mr. S. R. Ganbavale for the Respondent CORAM :

R. M. SAVANT, J.

DATE :

22nd JULY, 2016 P.C.

The above Civil Application has been filed seeking condonation of delay of 7 days in filing the above First Appeal. The reasons therefor are mentioned in the above Civil Application and revolve around the time taken to arrive at an administrative decision to file the Appeal. The Applicant/Appellant is the Employees State Insurance Corporation. In my view, having regard to the fact that the Applicant /Appellant is an Employees State Insurance Corporation some indulgence would therefore have to be shown on account of the fact that the Employees State Insurance Corporation has to adopt some procedure before a decision is taken to file an Appeal. The reasons mentioned in the above Civil Application can therefore be said to be plausible reasons for the delay that has occurred in mmj

caf-558-16-(15) filing the above First Appeal. The Learned Counsel appearing for the Respondent opposes the application, but ultimately leaves it to this Court.Having regard to the well settled dictum that a party should be allowed to prosecute its remedy on merits rather than being thrown out on technicalities. In my view, it is just and proper to exercise discretion in favour of the Applicant / Appellant. The Civil Application is accordingly allowed, resultantly the delay in filing the above First Appeal stands condoned. List the above First Appeal for admission on 5-8-2016. The Civil Application is accordingly disposed of.

[R.M.SAVANT, J] mmj