The Assistant Director, ... vs M/S Tulsi Ratan Plastic Pvt. Ltd., ...
2021 Latest Caselaw 8465 Bom

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                NAGPUR BENCH, NAGPUR

                  Civil Application (F) No.664/2020 in F.A. St. 24906/2019

   The Assistant Director Employees State Insurance, Nagpur and another. Vs M/s Tulsi Ratan
                                    Plastic Pvt. Ltd., Napgur.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                               Court's or Judge's Orders
or directions and Registrar's orders.
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                 Shri B.P. Maldhure, Adv for appellants.

                 CORAM : S.M. MODAK, J.
                 DATE  : 25th JUNE, 2021.

                                  Hearing was conducted through Video Conferencing
                 and the learned Counsel agreed that the audio and visual quality
                 was proper.


                 2.               Heard learned advocate for appellants. They want to
                 challenge the judgment given by Employees State Insurance
                 Court, Nagpur dated 27/09/2019. The copy was applied on
                 04.10.2019 and delivered on 10.10.2019.


                 3.               The appellants took time in completing the office
                 procedure and getting approval. That is how there is a delay of
                 07 days. On reading the application, it is true that it is explained
                 properly. Without issuing notice to respondent, the delay can be
                 condoned today itself by imposing the costs. Because otherwise
                 also, delay can be condoned after appearance of the respondent.
                 Hence, the order :-




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                                                     ORDER

A] The delay of 07 days is condoned by depositing the costs of Rs. 1000/- in this Court within the period of 15 days. It be paid to respondent.

B] Civil application is disposed of.

First Appeal St. No. 24906/2019 Heard Shri V.P. Maldhure, learned Advocate for the appellants.

2. The main area of contention is that the trial Court has upheld the objection about limitation taken by the present respondent. In fact, this objection about limitation was not taken during the inquiry, but it was taken only in the written notes of argument. That is how the trial Court has remanded the matter for reconsideration of the claim of the appellant for five years period earlier to 2012.

3. Issue notice before admission to respondent, returnable after six weeks.

JUDGE

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