M/S. Sumaya Automobiles Through Its Partner Mr. Mahesh Ram Sumaya v. The Regional Director, Employees State Insurance Corporation And ANR.

(528) CAF 1287-19 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1287 OF 2019 IN FIRST APPEAL (STAMP) NO. 23789 OF 2018 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Mahesh Shukla a/w. Mr. Niraj Prajapati for the Applicant. Mr. H. V. Mehta for the Respondents.

CORAM : K. K. TATED, J.

DATE : 3 rd APRIL, 2019.

P. C. :

1.

Not on board. At the request of learned Counsel for the Applicant, taken on production board.

2.

Heard learned Counsel for the parties.

3.

By this Civil Application, the Applicant is seeking condonation of 48 days delay in filing the First Appeal challenging the Judgment and Award dated 07.04.2018 passed by Employees Insurance Court at Mumbai in Application (ESI) No. 21 of 2013.

4.

Considering the submission made by learned Counsel for the Applicant and averments in the Civil Application, I am satisfied that the Applicant has made out case for following order: (i) Civil Application is allowed in terms of prayer clause (a) which 1/2

(528) CAF 1287-19 reads thus:

"(a) That the delay of 48 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 accordingly. (iii) No order as to costs.

[K. K. TATED, J.] 2/2