The Regional Director Employees ... vs M/S. Deccan Industrial Services
2021 Latest Caselaw 13389 Bom

                                                        22- caf 564 OF 2016



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                      CIVIL APPLICATION No. 564 OF 2016
                                       IN
                    FIRST APPEAL (St) No. 17020 of 2015
       The Regional Director
       Employees State Insurance Corporation   ..Applicant
             Vs.
       M/s. Deccan Industrial Services         ...Respondent

                                   ***********
       Mr. S.S. Pathak, for Applicant -ESIC
       Mr. M.G. Bagkar i/b. C.G. Patil for Respondent
                                  ************

                                    CORAM : MADHAV J. JAMDAR, JJ.

                                    DATE    :   SEPTEMBER 18, 2021
       P.C. :

1. Heard Mr. S.S. Pathak, learned Advocate for Applicant and Mr.M.G. Bagkar, instructed by Mr. C.G. Patil for Respondent.

2. Mr. Pathak states that Applicant has instructed him to appear in the matter. He undertakes to file Vakalatnama within a period of four weeks.

3. There is delay of 29 days in filing this First Appeal. Mr. Pathak submitted that the impugned judgment and order is dated 9th March, 2015 and after taking legal advise, the First Appeal was filed on 22nd June, 2015. He submitted that in that process, there is delay of 29 days.

4. Mr. Bagkar, learned Advocate appearing for the Respondent submitted that the delay is not sufficiently explained and,

22- caf 564 OF 2016

therefore, the delay condonation appluication be dismissed.

5. Perusal of civil application shows that the applicant applied for the certified copy of the judgment and order dated 9 th March, 2015 on 11th March, 2015. The applicant received the certified copy on 23rd March, 2015 and the appeal is preferred on 22nd June, 2015. In paragraph 7 and 8, the applicant has set out the reasons for delay. The contents of paragraph 7 and 8 of the civil application shows that the papers of the case were put up before the various authorities and thereafter the decision was taken to file the first appeal. Therefore, there is a short delay of 29 days in filing the first appeal. The delay has been adequately explained in the civil application.

6. Thus, the civil application is allowed and disposed of in terms of prayer clause (a). No order as to costs.

(MADHAV J. JAMDAR, J.)

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