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Madras High CourtCMP(MD)/9121/2022dismissed for nonprosecution

M/S.Shri Renuga Soft - X Towels, v. The Deputy Regional Director,

2023-03-10Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.M.P.(MD)No.9121 of 2022 and C.M.A.(MD) No.SR55485 of 2022 M/s.Shri Renuga Soft-x Towels, Unit-I, Boothipuram Road, Theni-625 531, Rep by its Director.

...Petitioner/Appellant

Vs.

Deputy Regional Director, ESI Corporation, Sub Regional Office, 1B, Old Post Office Road, Tallakulam, Madurai-2.

...Respondent/Respondent

PRAYER in C.M.P.(MD)No.9121 of 2022: This Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act, to condone the delay of 1968 days in filing the appeal against the order dated 27.02.2015 in ESI O.P. No.7 of 2001 passed by the ESI Court, (Labour Court), Madurai. 1/4

PRAYER in C.M.A.(MD)No.SR55485 of 2018: This Civil Miscellaneous Appeal is filed under Section 82(2) of the Employees' State Insurance Act, 1948 to set aside the order dated 27.02.2015 passed by the ESI Court (Labour Court), Madurai in E.S.I.O.P.No.07 of 2001 and allow the ESIOP filed by the appellant as prayed for.

For Petitioner : Mr.M.E.Ilango

ORDER

This application has been filed to condone the delay of 1968 days in filing the appeal against the order dated 27.02.2015 in E.S.I.O.P.No.7 of 2001 on the file of the ESI Court, (Labour Court), Madurai. 2.When this matter was listed for hearing on 20.01.2023, 03.02.2023 and 02.03.2023, the learned counsel for the petitioner appeared and sought time. Only on his request, the matter was listed today. Even today, there is no representation for the petitioner, when the matter is called. 3.This application has been filed to condone the delay in filing the appeal. Such view of the matter, this Court is of the view that the petitioner /appellant has 2/4

no interest in prosecuting the matter. Accordingly, this Civil Miscellaneous Petition is dismissed. Consequently, the Civil Miscellaneous Appeal is rejected at the SR stage itself. No costs.

10.03.2023 Index : Yes/No Internet : Yes/No ta To 1.The ESI Court, (Labour Court), Madurai 2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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N.SATHISH KUMAR , J.

ta C.M.P.(MD)No.9121 of 2022 and C.M.A.(MD) No.SR55485 of 2022 10.03.2023 4/4