M/S. Architect Hafeez Contractor v. The Regional Director Employees State Insurance Corporation

1 36.1177.15 caf.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1177 OF 2015 IN FIRST APPEAL (ST) NO. 21418 OF 2014 M/s. Architech Hafeez Contractor .....Applicant V/s.

The Regional Director Employees State .....Respondent Insurance Corporation Mr. Avinash Belge i/b Mr. P. M. Bhagat for the applicant Mr. H. V. Mehta for respondent CORAM : K. K. TATED, J.

DATE :

MARCH 15, 2019.

P.C.

Heard learned counsel for the parties.

By this Civil Application, applicant is seeking condonation of 244 days delay in filing First Appeal challenging the Judgment and Award dated 27/09/2013 passed by the learned Judge, Employees Insurance Court, Mumbai in Application No. (ESI) No. 40 of 2006.

2 36.1177.15 caf.doc Considering the submissions made by the learned counsel for the applicant and the averments made in the Civil Application, I am satisfied that applicant has made out a case for allowing the Civil Application. Hence, following order:

(I) Civil Application No. 1177 of 2015 is allowed in terms of prayer clause (a) which reads thus:

(a) That the delay of 244 days in filing the Memo of Appeal may please be condoned and that the Appeal be taken on record and ordered to be numbered.

(II) Civil Application stands disposed of.

(III) No order as to costs.

[K. K. TATED, J.]