Nitika Pharmaceuticals ... vs Gajanan Ambadas Raut And Another
2023 Latest Caselaw 1456 Bom

                                                                                                  (1)                                                  13wp943.23

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

                                               WRIT PETITION NO. 943 OF 2023
 Nitika Pharmaceuticals Specialities Pvt Ltd__ Vs. ___Gajanan Ambadas Raut and anr
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Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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           Mr. S.S.Ghate, Advocate, for the petitioner



                                                                           CORAM :                     AVINASH G. GHAROTE, J.

                                                                           DATE  :                     13/02/2023



                                               1]                           The petition challenges the order dated

26.7.2022, whereby the application for condonation of delay in setting aside the exparte judgment and award passed in WCA No.8/2017 on 2.8.2018, against the petitioner has been rejected.

2] Mr. Ghate, learned counsel for the petitioner submits that the delay ought to have been condoned as there were sufficient reasons available, apart from which according to him since the respondent had already received compensation under the ESI Act (pg.54), in view of the bar under Section 53 r/w Section 61 of the ESI Act 1948, it was not permissible for the petitioner to have approached the learned Labour Court under the Workmen's Compensation Act and claim compensation, in respect of the same accident.

3] Upon instructions, he makes a statement that the petitioner is willing to deposit the entire amount of Rs. 5,86,822/- in this court within one week from (2) 13wp943.23

today, considering which issue notice for final disposal, returnable on 6.3.2022.

4] The petitioner shall serve the Respondents by all modes permissible, before the returnable date. 5] By way of an interim order, the effect and operation of the judgment dated 2.8.2018 (pg. 16) passed in WCA NO. 8/2017 shall stand stayed till the returnable date subject to the aforesaid amount being deposited in this Court within one week.

JUDGE Rvjalit

Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:13.02.2023 19:55