Dismissed¶48

Employees State Insurance v. M/S Shabari Enterprises

Karnataka HC17 Apr 2026MFA/4261/2018

Case brief

AI extract

What is this about?

ESI appeal dismissed as withdrawn; Karnataka HC; MFA 4261/2018; ESIC v Shabari Enterprises; Section 82(2) ESI Act; Section 85B damages order dated 12.02.2016; ESI Court Bangalore order 19.03.2018 in ESI Application No.40/2016; 80% damages; New Amnesty Scheme 2025 withdrawal; memo taken on record; bench Anu Sivaraman and Tara Vitasta Ganju JJ.; decided 17.04.2026.

What did the court decide?

Permission to withdraw the appeal granted; appeal dismissed as withdrawn following the memo filed by the appellants under the New Amnesty Scheme 2025. ¶48

Employees State Insurance Vs M/S Shabari Enterprises — Karnataka HC (2026) — LawSathi Research

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1 - NC: 2026:KHC:21237-DB MFA No. 4261 of 2018

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF APRIL, 2026

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

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MISCELLANEOUS FIRST APPEAL NO.4261 OF 2018 (ESI)

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BETWEEN:

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EMPLOYEES' STATE INSURANCE CORPORATION

NO.10, BINNY FILEDS

BINNYPET

BANGALORE 260023

REPRESENTED BY ITS

Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA, BENGALURU

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ASSISTANT DIRECTOR

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THE RECOVERY OFFICER

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EMPLOYEES' STATE INSURANCE

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CORPORATION,

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NO.10, BINNY FILEDS BINNYPET,

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BANGALORE 260023

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…APPELLANTS

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(BY SRI. GEETHA DEVI M P., ADVOCATE)

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2 - NC: 2026:KHC:21237-DB MFA No. 4261 of 2018

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HC-KAR

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AND:

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M/S SHABARI ENTERPRISES

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30^TH MAIN ROAD KODI CIRCLE, WHITE FILED POST, BANGALORE 560066 REPRESENTED BY ITS MANAGING PARTNER SRI C CHANDRARAJ

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…RESPONDENT

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(BY SRI. SOMASHEKAR., ADVOCATE)

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THIS MFA FILED UNDER SECTION 82(2) OF THE ESI ACT, AGAINST THE ORDER DATED 19.03.2018 PASSED IN ESI APPLICATION NO.40/2016 ON THE FILE OF THE ESI COURT, BENGALURU, DIRECTING TO PAY THE 80% DAMAGES AS PER THE ORDERS PASSED U/S 85 B OF THE ESI ACT DATED 12.02.2016 PASSED BY THE RESPONDENT CORPORATION AT ANNEXURE-D WITHIN 45 DAYS FROM THE DATE OF RECEIPT OF ORDER.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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3 - NC: 2026:KHC:21237-DB MFA No. 4261 of 2018

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HC-KAR

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

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HON'BLE MS. JUSTICE TARA VITASTA GANJU

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ORAL JUDGMENT

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(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

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A memo is filed seeking withdrawal of the appeal. The memo reads as under:

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"The Appellant has preferred the above appeal against the order dated 19.03.2018 in E.S.I. Application No.40 of 2016 on the file of the Employees State Insurance Court at Bangalore, allowing the application of the Respondent in part and directing to pay 80% of the Damages as determined by the ESIC and rejecting 20% of the amounts.

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The Respondent has paid the amounts as ordered by the ESI Court and the appeal filed by the Respondent MFA No.5338 of 22018 was dismissed as withdrawn as per the order dated 03-06-2024.

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As per the New Amnesty Scheme 2025, one of the terms regarding damages if the Establishment pays the amount ordered by the ESI Court has been complied such matters have to be withdrawn and should not be prosecuted.

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4 - NC: 2026:KHC:21237-DB MFA No. 4261 of 2018

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HC-KAR

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Hence the Appellant named above prays that this Hon'ble court may be pleased to permit the Appellant to withdraw the above appeal in the ends of justice."

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