Dismissed

Employees State Insurance Corporation v. M/S. Deccan Express Transport Co. Pvt. Ltd. and Ors.

Bombay HC27 Aug 2009APPLN/1916/2009

Case brief

AI extract

What is this about?

The High Court dismissed the application for condonation of delay regarding Criminal Appeal No. of 2008. The Court found the explanation for the one-year and five-day delay unsatisfactory, leading to the dismissal of the appeal.

What did the court decide?

Application for condonation of delay dismissed; Criminal Appeal dismissed.

Employees State Insurance Corporation Vs M/S. Deccan Express Transport Co. Pvt. Ltd. and Ors. — Bombay HC (2009) — LawSathi Research

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FARAD CONTINUATION SHEET

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.1916 OF 2009

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(FOR CONDONATION OF DELAY)

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IN

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CRIMINAL APPEAL NO. OF 2008

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IN

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CRIMINAL CASE NO. 17/EW/2005

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[EMPLOYEES STATE INSURANCE CORPORATION V/S.M/S.DECCAN EXPRESS TRANSPORT

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CO.PVT.LTD & ORS.]

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 --------------------------------------------------------------------------
Office Notes, Office Memoranda of :
Coram, appearances, Court’s orders :
or directions and Registrar’s : Court’s or Judge’s orders
orders :

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 --------------------------------------------------------------------------

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Mr.P.M.Palshikar,adv.for applicant.
Mr.S.A.Pol,APP for State-respondents.

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CORAM : SMT. R.P. SONDURBALDOTA, J.

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DATED : 27TH AUGUST, 2009.

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PC :-

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1. This application is for condonation of
delay of one year and five days in filing
the appeal. Notice of the application is
served upon respondents no.1 to 3. None is
present.

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2. Heard counsels for both sides.

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3.The application shows that the

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certified copy of the order sought to be

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impugned was applied for after the delay of
19 days. The same was received on 28th
January, 2008. Thereafter, it took time
for the office to seek legal opinion of the
advocate on record until 13th March, 2008.
Then, the memo of appeal was drafted and
sent for consideration to Deputy Director
(Legal), ESI on 20th June, 2008. The
instructions for approval of memo of appeal
was received on 4th August, 2008 and the
present appeal came to be filed in the
office on 18th March, 2009. The explanation
given by the applicant for the time taken
at various steps after obtaining certified
copies of the impugned order, is far from
satisfactory. In any case, after receiving
the approval of memo of appeal on 4th August
2008, there was no reason to delay filing
of the appeal till 13th March, 2009. Since
there is no satisfactory explanation for
the delay, the application is dismissed.

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4. In view of dismissal of the
application for condonation of delay, the
appeal does not survive. The same also
stands dismissed.

Employees State Insurance Corporation v. M/S. Deccan Express Transport Co. Pvt. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Employees State Insurance Corporation v. M/S. Deccan Express Transport Co. Pvt. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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