Karnataka High Court
M/S Shabari Enterprises vs The Joint Director on 3 June, 2024
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NC: 2024:KHC:18907-DB
MFA No.5338/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.5338/2018 (ESI)
BETWEEN:
M/S. SHABARI ENTERPRISES
30TH MAIN ROAD
KODI CIRCLE, WHITE FIELD POST
BANGALORE-560066
REP. BY ITS MANAGING PARTNER
SRI. C. CHANDRARAJ.
...APPELLANT
(BY SRI. SOMASHEKAR, ADV.,)
Digitally signed
by PRABHU
KUMARA NAIKA AND:
Location: High
Court of
Karnataka 1. THE JOINT DIRECTOR
EMPLOYEES' STATE INSURANCE CORPORATION
NO.10, BINNY FIELDS
BINNYPET, BANGALORE-560023.
2. THE RECOVERY OFFICER
ESI CORPORATION
NO.10, BINNY FIELDS
BINNYPET, BANGALORE-560023.
...RESPONDENTS
(BY SMT. M.P. GEETHADEVI, ADV.,)
THIS MFA IS FILED UNDER SECTION 82(2) OF THE ESI ACT,
1948 AGAINST THE ORDER DATED 19.03.2018 PASSED IN ESI
APPLICATION NOs.39/2016 & 40/2016 ON THE FILE OF THE
EMPLOYEES STATE INSURANCE COURT, BENGALURU, DISMISSING
AND PARTLY ALLOWING THE APPLICATION FILED UNDER SECTION
75 AND 76 OF ESI ACT, RESPECTIVELY.
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NC: 2024:KHC:18907-DB
MFA No.5338/2018
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant submits that the appellant has satisfied the impugned order dated 19.03.2018 passed in ESI No.40/2016, therefore his appeal may be closed. Memo to that effect is filed on 29.03.2023.
2. Learned counsel for the respondent - ESI Corporation concedes that the amount deposited satisfies the amount awarded by the ESI Court in ESI No.40/2016.
3. Since the appellant has satisfied the impugned order sofar as it relates to it, the appeal does not survive for further consideration and is disposed of accordingly.
Sd/-
JUDGE Sd/-
JUDGE RV List No.: 1 Sl No.: 21