Employees State Insurance Corporation And ANR. v. M/S. Hotel New Bengal

16.1685.16-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.1685/2016 with First Appeal (ST) No.31712/2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. S. S. Pathak a/w. Mr. T. R. Yadav for the Applicant CORAM: K.K.TATED, J.

DATED : AUGUST 21, 2019 P.C.

Heard. This Application is for condonation of 1 year and 170 days delay in preferring the appeal challenging the judgment and award dated 15.03.2014 passed by the Employees Insurance court Mumbai in application No.ESI No.35/2007.

The learned counsel for the Applicant submits that there is delay in filing the First Appeal because they have to take approval from several Departments.

In support of his contention, he relies on para 8 of the Civil Application.

Basavraj G. Patil 1/2

16.1685.16-caf.odt On the basis of these submission, the learned counsel for the Applicant submits that in the interest of justice, this Hon'ble Court be pleased to condone the delay in filing the First Appeal. He submits that if delay is not condoned, irreparable loss will be caused to them.

It is to be noted that bare readying of para 8 of the Civil Application shows that the Applicant has filed the Civil Application in casual manner. There is no explanation which office took time to decide the matter for filing the First Appeal.

Considering these facts, I do not find any reason to entertain the present Civil Application.

Hence, following order is passed:

a.

The Civil Application stands rejected.

b.

In view thereof, registration of the First Appeal stands rejected.

c.

No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2