1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5291 OF 2006 IN FIRST APPEAL NO.1963 of 2008 Karia Builders .. Applicant versus The Employees State Insurance Corp. .. Respondent ... Mr.A.D.Patwardhan. for the applicant. Mr.P.M. Palshikar for the respondent. CORAM : D.G. KARNIK, J DATED : 17th November 2008 P.C.: 1. Heard both counsel. 2. Learned counsel for the applicant states that though the total number of employees were more than 20, the persons who were drawing wages less than prescribed wages were 17 and they had never exceeded 20. He therefore submits that the establishment was 2 not covered by the provisions of the ESI Act. 3. In view of the decision of the Supreme Court in Employees State Insurance Corporation Vs. M.M. Suri reported in 1998 (80) FLR 839. Strong prima facie case is made out by the applicant. In the circumstances, applicant is entitled to a stay. 4. The cvil application is allowed in terms of prayer clauses (a) and (b) subject to a condition that the applicants (all partners of the applicants) file an undertakign in this Court within four weeks that in the event the appeal is decided against them, they would pay the amount of contribution along with the statutory interest within four weeks. (D.G. KARNIK, J)