Employees State Insurance Corporation vs The Management Of M/S Scotts Garments ...
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Karnataka High Court

Employees State Insurance Corporation vs The Management Of M/S Scotts Garments ... on 1 August, 2025

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                   -1-
                                                               NC: 2025:KHC:29789
                                                             MFA No. 5103 of 2018


                       HC-KAR




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 1ST DAY OF AUGUST, 2025

                                                BEFORE
                        THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
                       MISCELLANEOUS FIRST APPEAL NO. 5103 OF 2018 (ESI)
                       BETWEEN:

                       EMPLOYEES STATE INSURANCE CORPORATION
                       SUB REGIONAL OFFICE,
                       BANGALORE NORTH (PEENYA)
                       HARINI TOWERS, 3RD CROSS,
                       III MAIN OFF RING ROAD,
                       2ND STAGE INDUSTRIAL SUBURB,
                       YESHWANTHAPUR,
                       BANGALORE-560022
                       REPRESENTED BY ITS DEPUTY DIRECTOR
                                                                      ...APPELLANT
                       (BY SMT. GEETHA DEVI M P, ADVOCATE)

                       AND:

                       THE MANAGEMENT OF
                       M/S SCOTTS GARMENTS LIMITED
Digitally signed by    (UNIT-4) NO.66, 3RD STAGE
RAMYA D
Location: HIGH COURT   PEENYA INDUSTRIAL AREA,
OF KARNATAKA           REPRESENTED BY ITS DIRECTOR,
                       SRI. AWAIZ AHMED
                                                                    ...RESPONDENT
                       (RESPONDENT IS SERVED)

                             THIS MFA IS FILED U/S.82(2) OF THE EMPLOYEES STATE
                       INSURANCE ACT, AGAINST THE JUDGMENT AND AWARD
                       DT.28.03.2018 PASSED ON ESI NO.09/2016 ON THE FILE OF THE
                       EMPLOYEES STATE INSURANCE COURT, BENGALURU, DIRECTING
                       THE APPLICANT TO PAY THE 70% DAMAGES AS PER THE
                       RESPECTIVE ORDERS U/S.85-B & D-19 NOTICE OF THE ESI ACT
                       DT.05.01.2016 PASSED BY THE RESPONDENT CORPORATION AT
                       ANNEXURE-C WITHIN TWO MONTH FROM THE DATE OF ORDER AND
                       ETC.
                                      -2-
                                                   NC: 2025:KHC:29789
                                                MFA No. 5103 of 2018


 HC-KAR



     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:       HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR


                              ORAL JUDGMENT

Learned counsel for the appellant has filed a memo

which states as follows:

The above appeal is filed against the order dated 28.03.2018 in EI No.09 of 2016 on the file of the ESI Court at Bengaluru.

The Respondent has filed insolvency proceedings in Case No.CP (IB) 68/BB/2018. In view of the Moratorium under Section 14(1) of IB Code 2016, prohibits institution or continuation of the proceedings against corporate debtor, this memo is being filed.

The Appellant named above prays that this Hon'ble Court may be pleased to permit the Appellant to withdraw the above appeal with liberty to prosecute its claim in the Insolvency proceedings, in ends of justice.

2. In view of the memo dated 01.08.2025, present

appeal is dismissed as withdrawn with liberty as

aforementioned.

Sd/-

(HANCHATE SANJEEVKUMAR) JUDGE