Employees State Insurance v. M/S Udipi Janardhana Nivas,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2021

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM C.M.A.No.3478 of 2012 The Employees State Insurance Corporation, By Regional Director, 143, Sterling Road, Nungambakkam, Chennai - 600 034.

..Appellant Vs.

M/s.Udipi Janardhana Nivas, Rep.by its Proprietor, K.V.Janardhana Rao, No.1/12, Kalmandapam Road, Chennai - 600 013.

..Respondent Prayer : Civil Miscellaneous Appeal filed under Section 82 of the Employees State Insurance Act, 1948 praying to set aside the fair and decreetal order of the First Additional City Civil Judge, Chennai passed in E.I.O.P.No.7 of 1993 dated 25.07.2000.

For Appellant : Mr.K.C.Ramalingam

J U D G M E N T

The learned counsel appearing on behalf of the appellant / ESI Corporation states that the sole respondent died long back. Even ESI Corporation is unable to ascertain the date of the death of the respondent and any other details. The appeal was filed on 01.10.2002 and for these many years no steps have been taken by the appellant to implead the legal heirs of the respondent.

2. Therefore, this Court is not inclined to keep the appeal pending any further, in view of the fact that the appellant had not taken any steps to implead the legal heirs of the deceased respondent for long years.

3. Accordingly, the appeal filed in C.M.A.No.3478 of 2012 stands dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Pns https://hcservices.ecourts.gov.in/hcservices/

To The First Additional City Civil Judge, Chennai.

C.M.A.No.3478 of 2012 GMI(CO) GN(17/03/2021) https://hcservices.ecourts.gov.in/hcservices/