C/CA/3111/2022 ORDER DATED: 17/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 3111 of 2022
In F/FIRST APPEAL NO. 35672 of 2022
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REGIONAL DIRECTOR E S I CORPORATION
Versus
JIGNESH R PATEL
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Appearance:
MS DIMPLE A THAKER(6838) for the Applicant(s) No. 1
MITTAL N PATEL(7614) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 17/02/2023
ORAL ORDER
[1] This application is filed by the applicant for condonation of delay of 172 days caused in preferring the appeal against the judgment dated 29.06.2022 passed in Employees State Insurance Second Appeal No.3 of 2021 by the ESI Court.
[2] Learned advocate for the applicant has drawn attention of this Court to the pleadings, particularly contained in para-4 to give the reasons for which the delay has occurred. It is also submitted that the there was no deliberate intention to cause the delay as the corporation in due course of its functioning was required to pass through certain administration decisions before deciding to prefer the appeal in the present case.
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C/CA/3111/2022 ORDER DATED: 17/02/2023 [3] Learned advocate for the opponent has opposed the grant of
delay by submitting that the delay is of 172 days and that the opponent has not received any amount towards the compensation. [4] In view of the aforesaid, the Court is of the view that sufficient cause is made out for condonding the delay of 172 days. The application is thus allowed. Main matter to be listed for hearing on 07.03.2023.
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