Employees State Insurance Corporation v. Shri Ratansi Mulji And Others

11.4308.14-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.4308 OF 2014 IN CIVIL APPLICATION NO.2995 OF 2011 IN FIRST APPEAL NO.731 OF 1992 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R. M. Jaykar i/b. M/s. M. V. Jaykar for the Applicant Ms. Karishma Shirke i/b. M/s. Gordhandas & Fozdar for the Respondent No.1.

CORAM : K. K. TATED, J.

DATE : MARCH 19, 2015 P.C.:

1.

Heard. This Application is for restoration of Civil Application No.2995/2011 which was dismissed in view of conditional order dated 26/07/2011 passed by the this court.

2.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Basavraj G Patil 1/2

11.4308.14-caf 3.

Hence, the following order:

i) Civil Application is allowed in terms of prayer clauses (a) to (c) which read thus:

a) the delay of 1121 days in taking out this Civil Application may be condoned.

b) Civil Application No.2995/2011 may be restored to file.

c) Appellant may be permitted to pay bhatta charges within one week of disposal of this Civil Application to enable service through the court.

ii) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2