-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.4248 OF 2007 APPLICATION NO.4248 OF 2007 APPLICATION NO.4248 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL ST.NO.18129 OF 2007 APPEAL ST.NO.18129 OF 2007 APPEAL ST.NO.18129 OF 2007 Employees State Insurance Corporation ...Applicant vs. Indian Register of Shipping ...Respondent Mr.P.M.Palshikar for the Applicant CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 22, 2008 : FEBRUARY 22, 2008 : FEBRUARY 22, 2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant. This is an application for condonation of delay in preferring an Appeal against the order dated 29th March 2007 passed by the learned Judge of Employees’ Insurance Court, Mumbai. 2. By the impugned order, the learned Judge has waived the condition regarding deposit of the amount for entertaining the application under section 75 of the Employees’ State Insurance Act,1948. This order does not finally decide the rights and liabilities of the parties and the main application under section 75 of the said Act is still pending. 3. Therefore, the Appeal under section 82 of the said Act of 1948 for challenging the said order is not maintainable. Accordingly, Application is rejected. However, it will be open for the Applicant to challenge the impugned order by filing appropriate proceedings in accordance with law. 4. All contentions of the parties on merits are kept open. -2- JUDGE JUDGE JUDGE