IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Ins.APP.No. 15 of 2008() -------------------------------- AGAINST THE ORDER DATED 18/01/2007 IN CMP.98/2006 IN IC.89/2005 of EMPLOYEES INSURANCE COURT, ALAPPUZHA .................... APPELLANT/APPLICANT. -------------------------------------- M/S. THREE STAR RESTAURANT, KADAVANTHARA, KOCHI, REPRESENTED BY ITS PROPRIETOR ABDUL KHADER. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): OPPOSITE PARTY. ---------------------------------------------------- 1. THE REGIONAL DIRECTOR, E.S.I. CORPORATION, THRISSUR. 2. THE RECOVERY OFFICER, E.S.I. CORPORATION, THRISSUR. BY ADV. SRI.T.P.M.IBRAHIM KHAN, SC, ESI CORPN. FOR R1 & R2 THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Ins.APP.No. 15 of 2008() ORDER IN I.A. NO. 703/2008 IN INS. APPEAL NO. 15 OF 2008. DISMISSED. SD/- M.N.KRISHNAN, JUDGE 14.10.2008. / TRUE COPY / PA TO JUDGE rhs M.N. KRISHNAN, J ---------------------------------------- INSURANCE APPEAL NO. 15 OF 2008 ------------------------------------------ Dated this the 14th day of October, 2008 J U D G M E N T This appeal is preferred against the Order of the Employees Insurance Court, Alappuzha in C.M.P. 98/06 in I.C. 89/05. The dispute is relating to the coverage under the E.S.I Act. The matter was remanded by this court and while it was pending the applicant did not present itself before the E.I. Court which resulted in dismissal of the application for default. When an application for restoration was filed, the E.I. Court directed the petition to be allowed on condition of deposit of Rs. 50,000/- within one month. As it was not complied with, the C.M.P was dismissed. It is against that decision the present appeal is preferred. After hearing the counsel for both sides I feel it is desirable to give an opportunity by reducing the amount and an opportunity for contesting the case on merits. Therefore the order under challenge is set aside and C.M.P. is allowed with condition that the applicant deposit a amount of Rs. 15,000/- within three weeks from today. If the amount is not deposited within a stipulated period of three weeks, C.M.P will stand dismissed. Appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE. vkm