1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 190 OF 2009 (Employees State Insurance Corp. & anr. vs. Amravati Zilla Dudh Utpadak Sahakari Sangh Maryadit) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 30, 2009. Heard Shri Pillai, learned counsel for the appellants and Shri Saboo, learned counsel for the respondent. The contention is that the reference proceedings as filed by the respondent before ESI Court under Section 75 of Employees State Insurance Act, 1948, was hopelessly time barred. I have perused the impugned judgment and also copies of documents i.e. Exhs. 47, 48, 49, 51 and 52 produced by Shri Saboo, learned counsel for the respondent. The ESI Court has recorded a finding of fact that the electric supply to the establishment of the respondent was disconnected on 4.8.1995. The said finding is not demonstrated to be erroneous or perverse. By the impugned notices dated 9.2.2004 and 9.6.2004, the ESI Corporation has sought to recover the contribution 2 for the period from 1.1.1997 to 31.3.1998 and 1.4.2001 to 31.3.2003. The documents clearly show that the electric supply was finally disconnected permanently on 20.9.1999. It is, therefore, apparent that during the above period, the establishment of present respondent was not having electric supply at all and was, therefore, not functioning. In these circumstances, I find no substantial question of law arising in this appeal. It is, therefore, dismissed. No order as to costs. JUDGE *GS.