Sub Regional Office Thane, Esi Corporatrion And Another v. Mistry Associates Through Mr. Anil Mistry.

1/2 922 caf 1110 of 15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL JURISDICTION CIVIL APPLICATION NO. 1110 OF 2015 IN FIRST APPEAL (ST) NO. 18757 OF 2014 Sub-Regional Office Thane, ESI Corporation and Anr.

.. Applicants

Versus

Mistry Associates through Mr. Anil Mistry .. Respondent ...

Adv. Mahendra Agavekar a/w. Adv. Shraddha Chauvan i/b. Adv. P. M. Palshikar for the Applicants.

None for the Respondent.

CORAM: BHARATI DANGRE, J.

DATED : 30th AUGUST, 2019.

P.C:- 1.

The Regional Office, Thane, E.S.I.C., has taken out the Civil Application No. 1110/2015 seeking condonation of delay of 45 days in instituting the appeal against the judgment and order passed by the Employees Insurance Court on 14th March, 2014 in E.S.I. Application No. 1 of 2008, on the grounds stated in the appeal. On 6th January, 2016, this Court was pleased to issue notice to the respondent and also permitted the applicants to serve the respondent by private service of notice. Sonali Patil

2/2 922 caf 1110 of 15.doc Accordingly, counsel for applicants has placed on record the affidavit of service. However, today, none appears for the respondent.

2.

I have heard the learned counsel for the applicants on the application for condonation of delay. The applicants set out the time consumed in processing the appeal after the judgment was delivered by the E.S.I. Court and the reasons finds place in paragraph 2 of the said application. I am satisfied that reasons do make out a case for condonation of delay. Since, the delay is sufficiently and reasonably explained and same is bonafide, Civil Application No. 1110/2015 is allowed in terms of prayer clause (a).

3.

Registry is directed to register the First Appeal and upon registration of the same, issue notice to the respondent, returnable after 6 weeks.

SMT. BHARATI DANGRE, J.

Sonali Patil