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Bombay High CourtCAF/4259/2016

Regional Director, Employees State Insurance Corporation Punchdeep Bhavan v. M/S. Ideal Road Builders Pvt. Ltd.

2019-08-29Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 922 caf 4259 of 2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL JURISDICTION CIVIL APPLICATION NO. 4259 OF 2016 IN FIRST APPEAL (ST) NO. 22614 OF 2016 Regional Director, Employees State Insurance Corporation, Mumbai and Anr.

.. Applicants

Versus

M/s. Ideal Road Builders Pvt. Ltd.

.. Respondent ...

A. R. Taral, S.S.O. E.S.I. Corporation for the applicants. CORAM: BHARATI DANGRE, J.

DATED : 29th AUGUST, 2019.

P.C:- 1.

By the present application, the Regional Director of the E.S.I.C., seeks condonation of delay of 38 days in filing the First Appeal against the judgment dated 25th April, 2016 passed in Application(ESI) No.33/2011 by the Employees Insurance Court at Mumbai.

2.

The counsel for the applicants is not present and Ms. A. R. Taral representing the applicants states that counsel is out of station. In absence of counsel for the applicants, I have perused Sonali Patil

2/2 922 caf 4259 of 2016.doc the application of condonation of delay. In the said application the applicants have satisfactorily explained the delay of 38 days in preferring the First Appeal. Since I find sufficient justification offered and reasons cited are bonafide, the delay of 38 days in filing the memo of appeal deserves to be condoned. Accordingly, the Civil Application No. 4259/2016 is allowed in terms of prayer clause (a). Registry is directed to be register the First Appeal and issue notice to the respondent, returnable after 4 weeks.

SMT. BHARATI DANGRE, J Sonali Patil