The Madras High Court condoned the delay of 386 days in filing a Civil Miscellaneous Appeal to set aside an ESI Court order, subject to the payment of Rs. 1000 as costs.
The petition to condone the delay of 386 days was allowed, subject to the payment of Rs. 1000 as costs.
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.
CMP(MD) No.11016 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Fourteenth day of August Two Thousand Nineteen
PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.11016 of 2018 IN CMA(MD) No.SR1091 of 2018
1 DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, SUB REGIONAL OFFICE, ESI COMPLEX, SALAI STREET, VANNARPETTAI, TIRUNELVELI 627 003.
2 DEPUTY DIRECTOR EMPLOYEE'S STATE INSURANCE CORPORATION, SUB REGIONAL OFFICE, ESI COMPLEX, SALAI STREET, VANNARPETTAI, TIRUNELVELI 627 003.
... PETITIONER/APPELLANTS/ RESPONDENTS
Vs M/S.RSM SAPTHAGIRI FINANCE LTD, H.O& ADMINISTRATIVE OFFICE, 24B/A, S.N.HIGH ROAD, TIRUNELVELI 627 001, THROUGH ITS MANAGING DIRECTOR.
... RESPONDENTS/RESPONDENT/PETITIONER
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Pleased to condone the delay in 386 days in filing the this Civil Miscellaneous Appeal and thus render justice.
PRAYER IN CMA(MD) No.SR1091 of 2018:
To set aside the order of the ESI Court cum Labour Court, Tirunelveli in ESIOP 4 of 2016 dated 03.10.2016 and allow the appeal
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.V.S.V.VENKATESHVARAN, Advocate for the petitioner and of Mr.Chandrapose advocate for the respondents the court made the following order:-
This petition has been filed by the petitioners seeking to condone the delay of 386 days in filing the above Civil Miscellaneous Appeal.
2.The learned counsel appearing for the respondent has no https://hcservices.ecourts.gov.in/hcservices/
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CMP(MD) No.11016 of 2018
serious objection in allowing this petition.
3.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.1000/-.(Rupees one thousand only) to the Legal Services Committee, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order, failing which this petition shall stand automatically dismissed without any further reference to this Court.
4.This petition is accordingly ordered.
sd/14/08/2019
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO
THE ESI COURT CUM LABOUR COURT, TIRUNELVELI
ORDER IN CMP(MD) No.11016 of 2018 IN CMA(MD) No.SR1091 of 2018 Date :14/08/2019
KM/JC/SAR-III (22.08.2019) 2P 5C
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2 issues framed by the court
Whether the delay of 386 days in filing the Civil Miscellaneous Appeal can be condoned.
Whether the petitioner is required to pay costs to the Legal Services Committee.
Director, Employees State Insurance Corporation, Sub Regional Office, ESI Complex, Salai Street, Vannarpettai, Tirunelveli
Deputy Director Employee's State Insurance Corporation, Sub Regional Office, ESI Complex, Salai Street, Vannarpettai, Tirunelveli
M/S. RSM Sapthagiri Finance Ltd
J. Nisha Banu
As recorded by the court registry
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