Regional Director vs Bhikhabhai Mafabhai-Since D/D.W/D Of ...
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Gujarat High Court

Regional Director vs Bhikhabhai Mafabhai-Since D/D.W/D Of ... on 30 July, 2025

                                                                                                                NEUTRAL CITATION




                               C/FA/1784/2002                                   ORDER DATED: 30/07/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                    R/FIRST APPEAL NO. 1784 of 2002
                        =======================================
                                           REGIONAL DIRECTOR
                                                   Versus
                            BHIKHABHAI MAFABHAI-SINCE D/D.W/D OF BHIKHABHAI
                                            MAFABHAI) & ANR.
                        =======================================
                        Appearance:
                        MR HEMANT S SHAH(756) for the Appellant(s) No. 1
                        DECEASED LITIGANT THROUGH LEGAL HEIRS/
                        REPRESTENTATIVES for the Defendant(s) No. 1
                        HCLS COMMITTEE(4998) for the Defendant(s) No. 1.1
                        MR KEYUR A VYAS(3247) for the Defendant(s) No. 1.1
                        =======================================
                         CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                                PRACHCHHAK

                                                       Date : 30/07/2025
                                                         ORAL ORDER

1. Present appeal under Section 82(2) of the Employees' State Insurance Act, 1948 is filed by the appellant - original opponent challenging the impugned judgment and order dated 19.03.2002 passed by the learned Judge, Employees' State Insurance Court, Ahmedabad (for short "the ESI Court") in E.S.I. Application No. 1 of 1993 whereby the ESI Court has allowed the application and directed the appellant herein to pay the benefits under Temporary Disablement Benefits. The ESI Court has referred the case of the claimant - deceased to the Medical Board with regard to assessment of the disablement of the deceased. The appellant has to consider the disablement benefits and pay consequential reliefs on the basis of the assessment made by the Board under the Temporary Disablement benefits. That after

NEUTRAL CITATION

C/FA/1784/2002 ORDER DATED: 30/07/2025

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assessment made by the Board, the appellant has to pay medical bill.

2. The Court (Coram: Hon'ble Mr.Justice M. H. Kadri) admitted the appeal on 02.09.2003 and granted interim relief staying the order dated 19.03.2002 passed by the ESI Court till the final disposal of the appeal, meaning thereby that the direction given by the ESI Court was stayed and thus, the original claimant was not examined by the Medical Board. During the pendency of the appeal, the original claimant expired and, therefore, the disability was not assessed by the Medical Board as directed by the ESI Court and the same was not considered.

3. Now, in view of the above and the subsequent development, the appeal has become infructuous as the cause of action would not survive. It is to be observed that the original respondent has not challenged the direction by preferring any appeal and the stay was granted by the Court at the time of admitting the appeal and till today, the same is in operation. Therefore, the issue involved in the present appeal now does not survive and hence the appeal has become infructuous. The appeal is disposed of having become intructuous. Record and proceedings be transmitted back to the concerned Court forthwith. There shall be no order as to costs. Pending civil application shall stand disposed of accordingly. Interim relief, if any, granted earlier stands vacated forthwith.

(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL