M/S Shabari Enterprises vs The Joint Director
2024 Latest Caselaw 12254 Kant

Karnataka High Court

M/S Shabari Enterprises vs The Joint Director on 3 June, 2024

                                                 -1-
                                                       NC: 2024:KHC:18907-DB
                                                            MFA No.5338/2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                              DATED THIS THE 3RD DAY OF JUNE, 2024
                                             PRESENT
                             THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
                                                 AND
                          THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                        MISCELLANEOUS FIRST APPEAL NO.5338/2018 (ESI)
                   BETWEEN:

                   M/S. SHABARI ENTERPRISES
                   30TH MAIN ROAD
                   KODI CIRCLE, WHITE FIELD POST
                   BANGALORE-560066
                   REP. BY ITS MANAGING PARTNER
                   SRI. C. CHANDRARAJ.
                                                                   ...APPELLANT
                   (BY SRI. SOMASHEKAR, ADV.,)
Digitally signed
by PRABHU
KUMARA NAIKA       AND:
Location: High
Court of
Karnataka          1.   THE JOINT DIRECTOR
                        EMPLOYEES' STATE INSURANCE CORPORATION
                        NO.10, BINNY FIELDS
                        BINNYPET, BANGALORE-560023.

                   2.   THE RECOVERY OFFICER
                        ESI CORPORATION
                        NO.10, BINNY FIELDS
                        BINNYPET, BANGALORE-560023.

                                                                 ...RESPONDENTS
                   (BY SMT. M.P. GEETHADEVI, ADV.,)


                        THIS MFA IS FILED UNDER SECTION 82(2) OF THE ESI ACT,
                   1948 AGAINST THE ORDER DATED 19.03.2018 PASSED IN ESI
                   APPLICATION NOs.39/2016 & 40/2016 ON THE FILE OF THE
                   EMPLOYEES STATE INSURANCE COURT, BENGALURU, DISMISSING
                   AND PARTLY ALLOWING THE APPLICATION FILED UNDER SECTION
                   75 AND 76 OF ESI ACT, RESPECTIVELY.
                                -2-
                                         NC: 2024:KHC:18907-DB
                                              MFA No.5338/2018




     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
K.S.MUDAGAL J., DELIVERED THE FOLLOWING:

                          JUDGMENT

Learned counsel for the appellant submits that the

appellant has satisfied the impugned order dated 19.03.2018

passed in ESI No.40/2016, therefore his appeal may be closed.

Memo to that effect is filed on 29.03.2023.

2. Learned counsel for the respondent - ESI Corporation

concedes that the amount deposited satisfies the amount

awarded by the ESI Court in ESI No.40/2016.

3. Since the appellant has satisfied the impugned order

sofar as it relates to it, the appeal does not survive for further

consideration and is disposed of accordingly.

Sd/-

JUDGE

Sd/-

JUDGE

RV