The Regional Director vs M/S. Ranuja Tiles And Ceramics Works

Gujarat High Court

The Regional Director vs M/S. Ranuja Tiles And Ceramics Works on 27 January, 2025

                                                                                                           NEUTRAL CITATION




                             C/CA/1752/2024                                ORDER DATED: 27/01/2025

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                         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
                                       NO. 1752 of 2024
                                              In
                                F/FIRST APPEAL NO. 8652 of 2024

                      ======================================
                                THE REGIONAL DIRECTOR & ORS.
                                            Versus
                           M/S. RANUJA TILES AND CERAMICS WORKS
                      ======================================
                      Appearance:
                      MR AV NAIR(5602) for the Applicant Nos. 1,2,3
                      MR PS GOGIA(2751) for the Respondent No. 1
                      ======================================

                      CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                      Date : 27/01/2025

                                                       ORAL ORDER

Heard Ms. Nandini Nair, learned advocate for Mr. A. V. Nair, learned advocate for the applicants. Pursuant to the notice issued by this Court upon the respondent, Mr. P. S. Gogia, learned advocate has appeared on behalf of the respondent.

Rule returnable forthwith. Mr. Gogia, learned advocate waives service of notice of rule on behalf of the respondent.

The present application is filed seeking condonation of delay of 112 days caused in preferring the captioned appeal.

Learned advocate has invited attention of this Court to the averments made in the application. It is submitted that Page 1 of 2 Uploaded by AMAR RATHOD(HC01074) on Wed Jan 29 2025 Downloaded on : Wed Jan 29 23:37:07 IST 2025 NEUTRAL CITATION C/CA/1752/2024 ORDER DATED: 27/01/2025 undefined the challenge is to the impugned judgment and award dated 21st September, 2023 passed by this Court in the main appeal after the receipt of certified copy of the order dated 27 th September, 2023, the same was forwarded to the office of the applicants at Ahmedabad. The record of the case was verified and it was decided by the department to forward the case papers to the panel advocates for the applicants seeking legal opinion. Thereafter, the opinion was formed to prefer an appeal before this Court. However, in the interregnum period the delay of 112 days had crept in.

By referring to the aforesaid circumstances, learned advocate has submitted that all throughout the endavour was to challenge the impugned judgment and award and there was no malafide intention to delay the proceedings. It was further pointed-out that the appellant being a statutory corporation acting under the ESI Act, it deals with the public funds received from the insured employees to their employer's establishment for providing benefits in case of sickness, maternity injury and others. It was therefore prayed to condone the delay as the applicants have good case on merits.

Considering the submissions made by the learned advocate for the applicant and the explanation offered, sufficient cause is made-out to condone the delay. Hence, the present application is allowed. Rule is made absolute.

(NISHA M. THAKORE, J.) AMAR RATHOD...