Employess State Insurnace Corporation (Esic) & Anr. Vs M/S Mohan Enterprises — Delhi HC (2026) — LawSathi Research

Employess State Insurnace Corporation (Esic) & Anr. Vs M/S Mohan Enterprises — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 59 days in filing the appeal condoned (CM APPL. 32018/2018 disposed); appeal disposed with directions that the appellants grant the respondent a fresh hearing considering any documents the respondent may rely upon, that the concerned Competent Authority pass a fresh order if so required, and that the respondent appear before the Competent Authority on 02.02.2026; appellants' counsel indicated the respondent can avail benefit under ESI Scheme.

¶FAO 376/2018, para 6

Issue for consideration

Whether the delay of 59 days in filing the appeal, for which condonation was sought in CM APPL. 32018/2018, should be condoned. +1 more

¶CM APPL. 32018/2018, para 1

Court's answer

The delay of 59 days in filing the appeal is condoned and CM APPL. 32018/2018 is disposed of accordingly, there having been no objection from the respondent's counsel.

¶CM APPL. 32018/2018, para 2

Ratio / Principle

The present appeal is disposed of with the direction that the appellants shall grant a fresh hearing to the respondent, taking into consideration any documents that may be relied by the respondent.

¶FAO 376/2018, para 4

Key takeaways

Thereafter, the concerned Competent Authority shall pass a fresh order, if so required.ratio¶FAO 376/2018, para 4

Detailed headnote1 paragraphs

Delhi High Court (Manoj Kumar Ohri, J.), order dated 07.01.2026 in FAO 376/2018 — Employee State Insurance Corporation (ESIC) & Anr. v. M/s Mohan Enterprises, an appeal under Section 82 of the Employees State Insurance Act, 1948 assailing a Trial Court order dated 02.04.2018. The Court condoned a 59-day delay in filing the appeal (CM APPL. 32018/2018), there being no objection from the respondent's counsel, and disposed of the appeal with the direction that the appellants grant the respondent a fresh hearing, taking into consideration any documents the respondent may rely upon, whereafter the concerned Competent Authority shall pass a fresh order, if so required. The respondent was directed to appear before the Competent Authority on 02.02.2026. Respondent's counsel had submitted that its challenge to the recovery of Rs.6,93,359/- was confined to the aspect of quantum only; the appellants' counsel additionally indicated that the respondent can avail benefit under ESI Scheme.

$~9

IN THE HIGH COURT OF DELHI AT NEW DELHI

- FAO 376/2018

EMPLOYEE STATE INSURANCE CORPORATION (ESIC) & ANR .....Appellants Through: Mr. Ghufran Ahmad, Mr. Yashvir Singh Kadiyan and Mr. Arvind Kumar Bansal, Advocates.

versus

M/S MOHAN ENTERPRISES .....Respondent Through: Mr. Y.S. Rathee, Advocate. CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R % 07.01.2026

CM APPL. 32018/2018 (D/59 Days in filing the appeal)

By way of present application, the applicant seeks condonation of delay of 59 days in filing the present appeal.

For the reasons stated in the application and in view of no objection from the counsel for the respondent, the same is allowed and the delay of 59 days in filing the appeal is condoned.

The application is disposed of accordingly.

FAO 376/2018

By way of present appeal filed under Section 82 of the Employees State Insurance Act, 1948, the appellants seek to assail the order dated 02.04.2018 passed by the learned Trial Court.

Learned counsel appearing for the respondent submits that the respondent has challenged the recovery of Rs.6,93,359/- on the aspect of quantum only.

At this stage, learned counsel appearing for the appellants, upon

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/01/2026 at 13:05:35

instructions, states that an opportunity of fresh hearing be granted to the respondent, whereafter a fresh order may be passed.

In view of the aforesaid, the present appeal is disposed of with the direction that the appellants shall grant a fresh hearing to the respondent, after taking into consideration any documents that may be relied by the respondent. Thereafter, the concerned Competent Authority shall pass a fresh order, if so required.

At this stage, learned counsel appearing for the appellants submits that the respondent can avail benefit under ESI Scheme. Learned counsel appearing for the respondent seeks some time to obtain requisite instructions in this regard.

The appeal stands disposed of in above terms.

For the aforesaid purpose, the respondent is directed to appear before the concerned Competent Authority on 02.02.2026.

MANOJ KUMAR OHRI, J

JANUARY 7, 2026/ rd

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/01/2026 at 13:05:35