Esi Corporation And ANR. v. M/S. Siddheshwar Purna Brahma Prop. Malvadkar

caf-561-16-(17)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.561 OF 2016 IN FIRST APPEAL St.NO.22662 OF 2015 Employees State Insurance Corporation & Ors ..Applicants Vs.

M/s Siddheshwar Purna Brahma ..Respondent Mr. H. V. Mehta for the Applicants Mr. S. S. Inamdar 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 49 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. The said reasons are sought to be questioned on behalf of the Respondent by filing an affidavit in reply. 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 mmj

caf-561-16-(17) can therefore be said to be plausible reasons for the delay that has occurred in 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