Disposed

Mr. D.H.Patil v. Deputy - Assistant Regional Director, Employees State Insurance Corporation

Bombay HC30 Jul 2015CAF/3413/2013

Case brief

AI extract

What is this about?

Civil Application filed for stay of notices and a judgment under the ESI Act requiring deposit of contribution. Court granted stay conditioned on deposit of remaining amount within six weeks.

What did the court decide?

Stay on coercive action and judgment until hearing of appeal, contingent on deposit of remaining amount within 6 weeks.

Mr. D.H.Patil Vs Deputy - Assistant Regional… — Writ and Judicial Review | Bombay HC (2015)

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pr2 caf3413-13.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3413 OF 2013 IN

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FIRST APPEAL NO.665 OF 2014

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Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders

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Mr.Neel G. Helekar for the applicant Mr.P.M.Palshikar for the respondent

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CORAM : K.K.TATED, J. DATED : 30/07/2015

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PC :

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1 Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

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2 This application is preferred by original applicant for stay of the operation and implementation of the notices issued by the respondent dated 5.2.1995 and 9.11.2012 as well as the impugned judgment and order dated 13.8.2012 by which the respondent called upon the applicant to deposit sum of Rs.79,407/- with 12% interest by way of contribution under the said Act.

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3 The learned counsel for the applicant submits that at the time of filing appeal before the authority, they deposited 50% amount. He further submits that applicant is ready and willing to

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Mohite

pr2 caf3413-13.doc

deposit remaining amount with the respondent subject to outcome of the present First Appeal within six weeks from today. Statement is accepted.

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4 Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

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a) Respondent is restrained from taking any coercive action against the applicant pursuant to the notices dated 5.2.1995 and 9.11.2012 as well as judgment and order dated 13.8.2012 passed by Employees Insurance Court at Kolhapur in Application (ESI) No.8 of 1996 till the hearing and final disposal of the present First Appeal, if applicant deposits remaining amount with the respondent within 6 weeks from today subject to outcome of the present First Appeal.

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b) In case applicant fails to deposit the amount within stipulated time as stated hereinabove, respondent is free to take appropriate action against the applicant according to law.

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c) Civil application stands disposed off accordingly.

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Mohite

Mr. D.H.Patil v. Deputy - Assistant Regional Director, Employees State Insurance Corporation

Case brief

What is this about?

What did the court decide?

Mr. D.H.Patil v. Deputy - Assistant Regional Director, Employees State Insurance Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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