High CourtsSingle Bench(2023) 12 BOM CK 0067

M/S. N. K. Kusumagar And Company, Nagpur vs Employee State Insurance Corporation, Nagpur

Bombay High Court · Decided on 26 December 2023

HON’BLE JUDGES
M. W. Chandwani, J
RESULT
Allowed
CASE NUMBER
Civil Application No. 3916 Of 2023 In First Appeal No. 1278 Of 2023

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Judgment

14 paragraphs · 274 words

M. W. Chandwani, J

1.

Heard.

2.

By this application the applicant is seeking condonation of delay in preferring the appeal against the order dated 06.10.2023 passed by the Employee State Insurance Court & Industrial Court No.1, Nagpur (for short, “the Insurance Court”) . It appears that there is delay of 14 days in preferring the appeal.

3.

For the reason mentioned in application, the application is allowed and the delay caused is condoned.

4.

The First Appeal be registered.

FIRST APPEAL NO. 1278 OF 2023

5.

This appeal challenges the order dated 6. 10.2023 passed by the Insurance Court under the provisions of the Employees State Insurance Act, 1948.

6.

It is the contention of the learned counsel for the appellant that respondent had directed the petitioner to deposit an amount of Rs. 1,29,460/- towards contribution to1,29,460/- towards contribution to the employees’ insurance by order dated 02.09.2003, which was challenged before the Employee State Insurance Court. While entertaining the challenge, the petitioner deposited 50% of the amount demanded. The said Court dismissed the application vide order dated 06.10.2023, which is under challenge in this appeal.

7.

Issue notice to the respondent, returnable in four weeks.

CIVIL APPLICATION NO. 3917 OF 2023

8.

This is an application for grant of stay to the order dated 02.09.2023.

9.

For the reason stated in application, the application is allowed.

10.

The petitioner shall deposit the remaining 50% of the amount with this Court before the next date of hearing. The respondent shall not take any coercive action against the petitioner till pendency of the appeal.

11.

Authenticated copy of this order be supplied to the appellant.