Single-judge order dismissing an application for stay in a first appeal under the Employees State Insurance Act, noting lack of urgency and non-appearance by the appellant.
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Farad Sheet
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
CA(F) No.1617/2007 in First Appeal No.195/2007
(Employees State Insurance Corpn., Nagpur through the Joint Regional Director, and another
..vs..
M/s. Jayaswals Neco Limited, Nagpur through its Manager)
__________________________________________________________________ Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
Smt. B. P. Maldhure, Mr. V. P. Maldhure, Advs. for appellant. Shri P.C.Marpakwar & V.P. Marpakwar, Advs. for Respondent-sole.
CORAM : REGISTRAR (JUDICIAL) DATED : 09th October , 2012
The appellant has filed aforesaid application for grant of stay.
The respondents are served with notice, but none of them has filed reply.
Perused the application and record. It appears from the record that the first appeal is admitted vide Court’s order dated 26/08/2009.
This is an appeal under the Employees State Insurance Act. The Trial Court by its impugned judgment and order, directed the appellant to recalculate the calculation by applying a particular circular in proportion of 60% wages and 40% other expenses. It appears that so far the respondent has not taken any steps to execute the order. It is also not possible to know what amount is
Farad Sheet
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due to the respondent as per the impugned order. The appellant or its advocate has not appeared, and so it seems that the appellant is not serious in prosecuting the application for stay. I do not think that there is any urgency in granting stay as the application is pending since 2007.
In view of this, the application stands dismissed.
Dated:09/10/2012 (S.P.Muley) Registrar(J)
Employees State Insurance Corpn., Nagpur through the Joint Regional Director, and another
M/s. Jayaswals Neco Limited, Nagpur through its Manager
Registrar (Judicial)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
