1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.944 OF 2008 IN FIRST APPEAL ST.NO.23803 OF 2007 Bharat Sales Agency : Applicant versus The Employees State Insurance Corporation : Respondents. WITH CIVIL APPLICATION NO.945 OF 2008 IN FIRST APPEAL ST.NO.23795 OF 2007 Meghraj & Sons : Applicant versus The Employees State Insurance Corporation : Respondents. WITH CIVIL APPLICATION NO.946 OF 2008 IN FIRST APPEAL ST.NO.23791 OF 2007 Bharat Cements : Applicant versus The Employees State Insurance Corporation : Respondents. WITH CIVIL APPLICATION NO.947 OF 2008 IN 2 FIRST APPEAL ST.NO.23800 OF 2007 Bharat Marbles : Applicant versus The Employees State Insurance Corporation : Respondents. Shri S.C.Naidu i/by Shri Ronak Shah for the Applicant. Shri P.M.Palshikar for the Respondent. CORAM : R.M.SAVANT, J DATED : August, 08, 2008 P.C. 1. By the above Civil Applications, the Applicants pray for condonation of delay of 2 years and 4 months in filing the above First Appeals against the judgment and order dated 22.03.2005 passed by the Employees State Insurance Court, Pune. 2. The reasons for the delay have been mentioned in the above Civil Applications. The Employees State Insurance Court, Pune by the said judgment and order disposed of as many as five Applications filed by the five establishments out of which four have filed the above mentioned Civil Applications. 3. By the said judgment and order the Employees State 3 Insurance Court, Pune has directed that out of the amount assessed by the Employees State Insurance Corporation, 50% amount, which was deposited by the said five establishments, was to be adjusted towards the contribution claimed by the Employees State Insurance Corporation. The said 50% amount, deposited by said five establishments, came to Rs.1,32,392/- 4. Against the said judgment and order of the Employees State Insurance Court, Pune, one of the establishments viz. Bharat Saw Mills filed an appeal being First Appeal No.2080 of 2005 which came to be admitted on 11.7.2006 and in the Civil Application No.3669 of 2005 which was filed for Stay, was made absolute in terms of prayer clause (a), in view of the fact that the said 50% amount being Rs.1,32,392/- had already been deposited. 5. The above four establishments, therefore, were labouring under an impression that the said stay granted on 11.7.2006 was also to enure to the benefit of the above four establishments which had not filed any appeal. However, faced with the situation where they were threatened that coercive steps would be taken in view of the fact that the said stay was granted in the First Appeal filed by Bharat Saw Mills 4 that the four establishments were constrained to file the above First Appeals, however, there is a delay of 2 years and 4 months in filing the above Appeals. The said delay is sought to be justified for the reasons mentioned earlier in this paragraph. 6. Shri P.M.Palshikar, the learned counsel appearing for the Respondent, opposes the above Civil Application. 7. In my view, considering the conspectus of facts as mentioned herein above, the case for condonation of delay has been made out. The above Civil Applications are, therefore, allowed in terms of prayer clause (a). All the above Civil Applications are accordingly disposed of. 8. The Applicants to remove office objections, if any, within a period of one week from date. Thereafter place the above First Appeals for admission on 28.8.2008. [R.M.SAVANT, J]