Appellants filed an appeal under Section 82(2) of the ESI Act seeking withdrawal due to respondent's insolvency proceedings. The court dismissed the appeal as withdrawn with liberty to prosecute in insolvency proceedings.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2024 PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.6053/2018 (ESI)
BETWEEN:
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
(BY SRI.HEMANTH P, ADVOCATE FOR SMT.GEETHA DEVI M P, ADVOCATE)
AND:
THE MANAGEMENT OF M/S SCOTTS GARMENTS LIMITED NO.481-B, IV PHASE PEENYA, PEENYA INDUSTRIAL AREA BANGALORE – 560 058 …RESPONDENT (BY SRI.K.R.ANAND, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 82(2) OF THE EMPLOYEES STATE INSURANCE ACT, PRAYING TO SET ASIDE THE ORDER DATED 15/03/2018, PASSED IN ESI APPLICATION NO.48/2015, ON THE FILE OF THE JUDGE, EMPLOYEES STATE INSURANCE COURT, BENGALURU, ALLOWING APPLICATION FILED U/SEC.75 OF EMPLOYEES STATE INSURANCE ACT, 1948.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, K.S.MUDAGAL J ., DELIVERED THE FOLLOWING:
JUDGMENT
Learned Counsel for the appellants submits memo reporting that the respondent has filed insolvency proceedings in CP(IB)68/BB/2018 and seeks withdrawal of the appeal with liberty to prosecute its claim in the insolvency proceedings.
Reserving the said liberty, the appeal is dismissed as withdrawn.
Sd/JUDGE
Sd/JUDGE
PKN
List No.: 1 Sl No.: 10
Employees State Insurance Corporation Regional Office (Karnataka) Sub Regional Office-Peenya Bangalore North
Employees State Insurance Corporation SRO: Bengaluru North (Peenya)
The Management of M/S Scotts Garments Limited
K.S. Mudagal
Vijaykumar A. Patil
As recorded by the court registry
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