This order grants condonation of 117 days delay for filing a first appeal by the ESI Corporation against a Mumbai judgment, imposing Rs.1,500 costs payable by the appellant as a condition precedent.
Civil Application allowed; appeal taken on record; Rs.1,500 costs to be paid by applicant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.2893 OF 2012
IN
FIRST APPEAL STAMP NO.23237 OF 2012
The Regional Director Employees State Insurance Corporation .. Applicant
M/s. Maharashtra Beer & Wine Center & Anr. .. Respondents
Mr. Shailesh S. Pathak for the Applicant. Mr. A.S. Kamat i/by Mr. Sanjay Gawade for Respondents.
CORAM : K.K. TATED, J.
DATED : 29TH OCTOBER, 2012
P. C. :
. Heard learned Counsel for the parties.
2. This Application is preferred by the Original Respondent
for condonation of 117 days’ delay in preferring the First Appeal against the Judgment and Decree dated 22nd February, 2012 passed by the Employees' Insurance Court at Mumbai in Application (ESI)
No. 38 of 2004.
ppn 2 60.ca-2893.12.sxw 3. Learned Counsel appearing on behalf of the Respondents /original Applicants vehemently opposed the present Civil Application. He states that the Applicant/original Respondent has applied for a certified copy of the impugned Judgment and Decree passed by the Trial Court after three months from the date of the order. There is no sufficient explanation for condonation of delay on the part of the Applicant.
: O R D E R :
i) Civil Application is allowed in terms of prayer clause (a) which reads thus :-
“(a) That the delay of 117 days in filing the Memo of Appeal may please be
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condoned and that the appeal be taken on record and ordered to be numbered. ”
(ii) Applicant to pay costs of Rs.1,500/- to the Respondents within eight weeks from today;
(iii) Payment of costs is condition precedent;
(iv) If cost is not paid within the stipulated time as stated hereinabove, the present Civil Application shall stand dismissed without referring back to the Court.
(K.K. TATED, J.)
1 issue framed by the court
Whether the applicant entitled to condonation of 117 days delay in filing first appeal.
Regional Director Employees State Insurance Corporation
M/s. Maharashtra Beer & Wine Center & Anr.
K.K. Tated
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
