Regional Director E S I ... vs Bharatbhai Mulajibhai Maheriya
2023 Latest Caselaw 1663 Guj

      C/CA/3110/2022                                 ORDER DATED: 17/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 3110 of 2022
                        In F/FIRST APPEAL NO. 35670 of 2022
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                  REGIONAL DIRECTOR E S I CORPORATION
                                 Versus
                    BHARATBHAI MULAJIBHAI MAHERIYA
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Appearance:
MS DIMPLE A THAKER(6838) for the Applicant(s) No. 1
MITTAL N PATEL(7614) for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                                 Date : 17/02/2023
                                  ORAL ORDER

[1] This application is filed by the applicant for condonation of

delay of 142 days caused in preferring the appeal against the

judgment dated 31.03.2022 passed in Employees State Insurance

Second Appeal No.3 of 2022 by the ESI Court.

[2] Learned advocate for the applicant has drawn attention of this

Court to the pleadings, particularly contained in para-4 to give the

reasons for which the delay has occurred. It is also submitted that

the there was no deliberate intention to cause the delay as the

corporation in due course of its functioning was required to pass

through certain administration decisions before deciding to prefer

the appeal in the present case.

       C/CA/3110/2022                        ORDER DATED: 17/02/2023




[3]    Learned advocate for the opponent has opposed the grant of

delay by submitting that the delay is of 142 days and that the

opponent has not received any amount towards the compensation.

[4] In view of the aforesaid, the Court is of the view that

sufficient cause is made out for condonding the delay of 142 days.

The application is thus allowed. Main matter to be listed for

hearing on 07.03.2023.

(A.Y. KOGJE, J) SIDDHARTH