The Employees State Insurance Corporation (Through Its Additional Commissioner) And ORS. v. M/S. Gems Automobile Private Ltd.-Throuh Its Authorised Signatory Shri.Shrikrishna Jagannath Pehtka

caf-556-16-(13)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.556 OF 2016 IN FIRST APPEAL St.NO.20048 OF 2015 Employees State Insurance Corporation & Ors ..Applicants Vs.

M/s. Gems Automobiles Pvt Ltd.

..Respondent Mr. H. V. Mehta for the Applicants None 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 62 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-556-16-(13) filing the above First Appeal. None appears for the Respondent though appearance of Ram & Co. is shown on the board. 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