The First Appeal filed by the ESI Corporation was dismissed as the appellant had failed to serve notice and take appropriate steps for over nine months despite a prior specific order by this Court.
The appeal is dismissed for not taking steps to serve notice.
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.
NC: 2024:KHC:2544-DB MFA No. 2314 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2024 PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL NO. 2314 OF 2019 (ESI)
BETWEEN:
EMPLOYEES STATE INSURANCE CORPORATION, SUB REGIONAL OFFICE, BANGALORE NORTH, HARINI TOWERS, 3RD CROSS, 3RD MAIN, OFF RING ROAD, (NEAR FTI) II STAGE, INDUSTRIAL SUBURB, YESHWANTHPURAM, BANGALORE 560022. REPRESENTED BY ITS AUTHORIZED OFFICER DEPUTY DIRECTOR.
…APPELLANT
(BY M/S. VARSHINI FOR SMT.GEETHA DEVI M P., ADVOCATE)
Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA
AND:
M/S APEKSHA CLOTHING (UNIT-3) NO.117/A, 5TH CROSS, 2ND STAGE, INDUSTRIAL SUBURB, YESHWANTHPUR, BANGALORE 560022, REPRESENTED BY ITS MANAGER-ACCOUNTS.
…RESPONDENT
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 82(2) OF ESI ACT AGAINST THE ORDER DATED 05.01.2019 PASSED IN ESI APPLICATOIN NO.90/2016 ON THE FILE OF THE EMPLOYEES STATE INSURANCE COURT, BENGALURU, PARTLY ALLOWING THE APPLICATION FILED UNDER SECTION 75 & 76 OF ESI ACT, 1948.
NC: 2024:KHC:2544-DB MFA No. 2314 of 2019
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, DR.H.B.PRABHAKARA SASTRY J., DELIVERED THE FOLLOWING:
ORDER
Learned counsel for the appellant is physically
present and states that according to her information, the respondent-Establishment has been taken over by other entity, as such, she has to ascertain the details.
NC: 2024:KHC:2544-DB MFA No. 2314 of 2019
Under the above circumstance, we find no reason to
grant any further time.
Accordingly, the appeal stands dismissed for not
taking steps.
Sd/JUDGE
Sd/JUDGE
PSJ
List No.: 1 Sl No.: 14
2 issues framed by the court
Whether the appeal should be allowed when the appellant has failed to take steps for over nine months despite prior orders?
Whether the appellant is entitled to further time to serve notice on the respondent establishment?
1 provisions across 1 enactments
Employees State Insurance Corporation, Sub Regional Office, Bangalore North
M/s Apeksha Clothing (Unit-3)
H.B. Prabhakara Sastry
Ramachandra D. Huddar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
