Employees State Insurance ... vs M/S. Rajavir Industries
2023 Latest Caselaw 665 Guj

       C/CA/1419/2022                                 ORDER DATED: 24/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 1419 of 2022

                        In F/FIRST APPEAL NO. 19434 of 2020

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               EMPLOYEES STATE INSURANCE CORPORATION
                                Versus
                       M/S. RAJAVIR INDUSTRIES
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Appearance:
MR.KRUTARTH K PANDYA(7092) for the Applicant(s) No. 1,2
MR PANKAJ R DESAI(3120) for the Respondent(s) No. 1
MRS NASRIN N SHAIKH(2451) for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                  Date : 24/01/2023
                                   ORAL ORDER

1. Heard learned Advocate Mr. Krutarth Panday for the applicants - original appellants and learned Advocate Mrs. Nasrin N. Shaikh for the for the respondent.

2. Issue Rule returnable forthwith. Learned Advocate Mrs. Shaikh waives service of Rule on behalf of the respondent.

3. By way of this application the applicants pray for condoning delay the delay of 150 days which has occurred in filing First Appeal challenging the judgment and order dated 19.08.2019 passed by the learned Employees' State Insurance Court, in ESIC Application No. 2 of 2009.

4. Considering the submissions made by learned Advocate Mr. Pandya for the applicants and considering the averments on record, in the considered opinion of this Court, sufficient cause for condoning the delay

C/CA/1419/2022 ORDER DATED: 24/01/2023

of 150 days in preferring the First Appeal is made out, hence, the delay is condoned. The present application is deposed of as allowed. Rule is made absolute.

5. Registry to list the First Appeal on 31.01.2023.

(NIKHIL S. KARIEL,J) BDSONGARA