IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19505 of 2007 RAJENDRA ARORA & ANR Versus STATE OF BIHAR & ORS ----------- 08 10.12.2008 Learned counsel for the petitioners has challenged the order dated 09.02.2000 passed in case No. 1609 (M)/1999 by Judicial Magistrate Ist Class, Patna whereby he has taken cognizance of offence under Sections 85 (a) (e) of the Employees State Insurance Act. Learned counsel for the petitioners submits that petitioner no.1 and petitioner no.2 are two separate entities and they cannot be clubbed together and if they are not clubbed together they would not be covered under the Employees State Insurance Act 1948. Learned counsel for the petitioners further submits that the aforesaid issue is pending consideration before this court. Mr.Triloki Nath Maitin, senior counsel appearing for opposite parties submits that earlier the suit filed by the petitioners challenging the applicability of the Act was dismissed as time barred and further affirmed by this court. After hearing learned counsel for the parties, this court finds that the petitioners have challenged the order of cognizance which took place about more than 7 years ago. I am not inclined to quash the application which has been filed belatedly. 2 However, it will be open to the parties to take their respective defence before the trial court itself. With the aforesaid observations, this application is dismissed. Sym (S.P.Singh, J.)