M/S. Universal Knitting & Anr vs Employees' State Insurance ...
2022 Latest Caselaw 3975 Cal

05.07.2022
 SL No.3
Court No.8
    (gc)


                            FMAT 950 of 2018
                                  With
                             CAN 1 of 2018
                       (Old No: CAN 7487 of 2018)
                                  With
                             CAN 2 of 2018
                       (Old No: CAN 7488 of 2018)

                    M/s. Universal Knitting & Anr.
                                  Vs.
             Employees' State Insurance Corporation & Ors.

                       (Through Video Conference)


                                         Mr. Mainak Bose,
                                         Mr. Shakeel Mohammed Akthar,
                                         Mr. Prosenjit De,
                                                        ...for the Appellants.


                    The conduct of the appellants is far from being bona

              fide. The appellants did not take any steps to remove the

              defects in time. Moreover, the deficit court fees were paid

              only on 21st March, 2022. In spite of our earlier order, the

              memo of appeal, stay petition and the application for

              condonation of delay have not been served upon the

              respondents. The appellants have also not complied with

the order dated 21st June, 2022. The pendency of this

appeal is shown that they have not communicated the

orders to the respondents. The appeal has to be admitted

on substantial questions of law. The appeal was filed with

an incomplete order under challenge. We have been

informed that certified copy of the order has been applied

for on 11th April, 2022.

We adjourn this matter for four weeks (i.e. 2nd

August, 2022).

The Employees' Insurance Court, West Bengal,

Kolkata is directed to furnish the certified copy of the

judgment and order No.37 dated 17th April, 2018 on the

basis of the requisition filed by the appellants. The

Insurance Court may proceed with the execution of the

award.

The appellants are directed to serve copies of the

memo of appeal and the connected applications upon the

respondents in course of this week by Speed Post with A.D.

along with a copy of this order. An affidavit-of-service shall

be filed on the adjourned date.

Since we are not granting any stay of operation of the

order at this stage, there may not be any requirement to

deposit a sum of Rs.19,16,000/-. The Executing Court

shall proceed with the execution proceeding irrespective of

the pendency of the appeal. The appeal has not yet been

admitted. Accordingly, the pendency of the appeal shall

not be taken into consideration by the Executing Court in

proceeding with the order passed on 17th April, 2018.

We also record that sufficient opportunity was given

to the appellant to make the appeal ready. However, the

appellants have shown complete reluctance in the matter.

The appellants have not shown any readiness to have the

appeal admitted although it was filed in the year 2018.

This order shall be immediately communicated to the

Employees' Insurance Court, West Bengal, Kolkata by the

office of the Registrar Administration (L&OM) for doing the

needful.

(Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)