Parentrals Pvt. Ltd. And Another vs Employees'
2022 Latest Caselaw 204 UK

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                                  AO No.29 of 2022
                                  Hon'ble R.C. Khulbe, J.

Mr. B.D. Pande and Mr. Pulak Agarwal, learned counsel for the appellants.

Mr. C.K. Sharma, learned counsel for the respondents.

Heard.

The present appeal is preferred against the judgment and order dated 29.09.2016 passed by learned Civil Judge (S.D.), Nainital in Misc. Case No.12 of 2010 as well as order dated 08.12.2021 passed by learned Civil Judge (S.D.), Nainital in Misc. Review Application No.15 of 2016, Taurus Parentrals Pvt. Ltd. and another Vs. Employees' State Insurance Corporation and others.

As per the records, the learned Civil Judge (S.D.), Nainital dismissed the Misc. Case No.12 of 2010 vide order dated 29.09.2016 simply on legal ground that the appellant had failed to deposit 50% of the amount as per Section 75(2)(b) of Employees' State Insurance Act, 1948. Although the Review Application was also filed but the concerned Court also rejected the Review Application vide order dated 08.12.2021.

It is submitted by learned counsel for the appellants that although it was mandatory to deposit 50% of the amount but the appellants could not deposit the same. Now, the appellants are ready to deposit the said amount before the concerned Court within a period of four weeks and, accordingly, a direction may be issued to the Court below to decide the Misc. Case No.12 of 2010 on merit.

Learned counsel for the respondents is present before the Court and he fairly submits that if the appellants are ready to deposit 50% of the amount within a period of four weeks then the matter can be remanded back to the lower Court for hearing the case on merit.

In these circumstances, the instant appeal is disposed of at the stage of admission and the judgment and order dated 29.09.2016 passed by learned Civil Judge (S.D.), Nainital in Misc. Case No.12 of 2010 as well as order dated 08.12.2021 passed by learned Civil Judge (S.D.), Nainital in Misc. Review Application No.15 of 2016, "Taurus Parentrals Pvt. Ltd. and another Vs. Employees' State Insurance Corporation and others", are hereby set aside.

The trial Court is directed to decide the Misc. Case No.12 of 2010, "Taurus Parentrals Pvt. Ltd. and another Vs. Employees' State Insurance Corporation and others", after giving sufficient opportunity of hearing to both the parties, as per law.

Pending applications, if any, also stand disposed of.

(R.C. Khulbe, J.) Vacation Judge 28.01.2022 Sukhbant