Tata Motors Limited, Mumbai vs Employees State Insurance ...
2021 Latest Caselaw 17865 Bom

                                                              501-fast-21143-2021.doc




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                        FIRST APPEAL (ST.) NO.21143 OF 2021
                                      WITH
                       INTERIM APPLICATION NO.4153 OF 2021

Tata Motors Limited, Mumbai                       ...Applicant/Appellant
          vs.
Employees State Insurance Corp., Mumbai                ...Respondent

Mr. K.S. Bapat a/w. Mr. Hemant Telkar, for the Applicant/Appellant
Mr. Sujeet Kurup, for the Respondent Nos. 1 to 3.

                               CORAM :   N. J. JAMADAR, J.

                               DATE :    DECEMBER 22, 2021

P.C.:

.       Not on board. Upon mentioning taken on production board.

2. Heard the learned counsel for the parties.

3. At the outset, the learned counsel for the appellant seeks

leave to amend the appeal memo so as to add certain grounds of

challenge.

4. Since the appeal is at a pre-admission stage, leave to amend is

granted.

5. Necessary amendment be carried out forthwith.

6. Learned counsel for the respondent Nos. 1 to 3 seeks further

time to fle affdavit in reply.

7. Let the affdavit in reply be fled within a period of three

weeks.

Vishal Parekar, P.A. ...1 501-fast-21143-2021.doc

8. As the respondent Nos. 1 to 3 seeks time to fle affdavit in

reply and arguable questions are raised in the appeal, it would be

necessary to grant interim protection to the appellant.

9. Thus, till next date, there shall be ad-interim stay in terms of

the prayer clause (a) of the interim application, which reads as

under:

(a) That pending the hearing and fnal disposal of the above

First Appeal, this Court may be pleased to stay the effect,

operation and implementation of the judgment dated 18th

August, 2021 passed by the learned ESI Court at Mumbai in

Application (IDA) No. 12 of 2010.

10. In case the affdavit in reply is fled and its copy served on the

appellant within a period of three weeks, the appellant shall be at

liberty to fle affdavit in rejoinder, if any, within a week thereafter.

11. The interim application be listed for hearing on 25 th January,

2022.

                                                  (N. J. JAMADAR, J.)




Vishal Parekar, P.A.                                                                 ...2