M/S. Fluidyne Instruments Pvt. ... vs Employees State Insurance ...
2023 Latest Caselaw 2290 Bom

                                                                      27-A-ia-20064-2022.doc




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO. 20064 OF 2022
                                                       IN
                                     FIRST APPEAL (STAMP) NO. 26510 OF 2022

                      M/s. Fluidyne Instruments Pvt. Ltd.            ...       Applicant

                      IN THE MATTER BETWEEN

                      M/s. Fluidyne Instruments Pvt. Ltd.            ...       Appellant
                            Versus
                      Employees' State Insurance Corporation         ...       Respondent

                                                     .....
                      Mr. Aumkar Joshi, for the Applicant.
                      Mr. Sanoj Koran, for the Respondent.
                                                     .....

                                               CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 9th MARCH, 2023.

P.C.

1. This is an application seeking condonation of 980 days delay

in filing the First Appeal.

2. Heard learned Counsel for the applicant and learned Counsel

for the respondent.

3. Learned Counsel for the applicant submits that the delay had

REKHA PRAKASH PATIL Digitally signed by REKHA PRAKASH PATIL Rekha Patil 1 of 2 Date: 2023.03.10 16:40:26 +0530 27-A-ia-20064-2022.doc

occurred since the Advocate appearing for the applicant had not

intimated about the impugned judgment and order delivered by the

Court on 11th December, 2019. He came to know about the said

judgment only on 6th October, 2022. It is also submitted that due to

Covid-19 Pandemic, the delay had occurred, which is bonafide and

not intentional.

4. Learned Counsel for the respondent strongly objects by

stating that if the delay is to be condoned, there is no merit in the

Appeal and the reasons assigned by the applicant are not bonafide.

5. The reasons assigned in the application and having heard

learned Counsel for the parties, delay stands condoned subject to

costs of Rs.4000/- to be paid to the Maharashtra State Legal

Services Authority within two weeks from today.

6. After deposing the costs, Registry to number the Appeal.

7. Application stands disposed of.

                                      [PRITHVIRAJ K. CHAVAN, J.]



     Rekha Patil                                                  2 of 2