1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1159 OF 2009 IN FIRST APPEAL NO. 79 OF 2009 The Regional Director, ESI Corporation, Mumbai, & ors. ... Applicants v/s M/s.Leela Scottish Lace Ltd., Mumbai. ... Respondents Mr.H.V.Mehta for the applicants. Mr.V.P.Vaidya for the respondent No.1. CORAM: SMT.NISHITA MHATRE, J. DATED: 14TH AUGUST, 2009 P.C.: 1. The civil application has been filed for a stay of the operation of the order dated 30.9.2008 and for a direction to withhold the amount deposited by the respondent in the Employees’ Insurance Court under Section 75(2B) of the E.S.I. Act. The respondent has succeeded before the E.S.I. Court since it was found that the order passed under Section 45A of the E.S.I. Act was illegal and 2 arbitrary. The Court held that the amounts paid for the job work were not wages within the meaning of Section 2(22) of the E.S.I. Act. 2. The learned advocate for the applicant submits that since the appeal is admitted, the amount deposited while filing the application before the E.S.I. Court should not be refunded to the respondent as the appellants have every chance of success in the appeal. This submission is opposed by the learned advocate for the respondent by contending that since the respondent has succeeded there is no need to retain the amount in the Court. 3. In my opinion, the appropriate order would be to direct the respondent to furnish a bank guarantee of the amount demanded by the appellants under the demand notice within eight weeks from today. After the bank guarantee is furnished by the respondent to this Court, the respondent may withdraw the amount which has been deposited with the E.S.I. Court. 4. The respondent shall ensure that the bank guarantee is kept alive during the pendency of the appeal. In case the appeal is decided in favour of 3 the appellants, the respondent will be liable to pay the amount demanded together with the interest as decided by this Court. 5. Civil application disposed of accordingly. ..... 4