Employees State Insureance Corporation v. Prabhat Talkies And ANR

{1} fa634.01.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 634 OF 2001 Employees' State Insurance Corporation Appellant

Versus

Prabhat Talkies & another Respondents Mr. A.H. Kasliwal, advocate for respondent no. 1. Mr. S.P. Deshmukh, A.G.P. for respondent no. 2. CORAM : M.S. SONAK, J.

DATE : 5th JANUARY, 2018 PER COURT:

1.

From perusal of the roznama, it appears that no advocate is appearing on behalf of the appellant on last few occasions. Today, when the matter is called out, neither any representative of the appellant nor appellant's advocate are present. 2.

Learned counsel for respondent points out that the monetary claim in the appeal is hardly of Rs. 4,000/-. 3.

No doubt, from perusal of the impugned order, it appears that the issue of coverage under the Employees' State Insurance Act, 1948 arises.

4.

In the aforesaid circumstances, this appeal is dismissed for non-prosecution, without going into the legal issues. Taking into

{2} fa634.01.odt consideration the monetary component involved, it is only appropriate that the appeal is dismissed for non-prosecution, leaving the legal issues open.

5.

Appeal is dismissed. Interim relief if any, stands vacated. ( M.S. SONAK, J. ) dyb