IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 MFA.No. 1550 of 2001() ---------------------- IC.73/1999 of ESI COURT, PALAKKAD .................... APPELLANT/APPLICANT: ----------- SMT. M.V.SHEEJA, PARTNER LAKSHMI MOTORS, POONKUNNAM, THRISSUR. BY ADV. SRI.SEBASTIAN DAVIS RESPONDENT/OPPOSITE PARTY: ------------- THE REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, THRISSUR. BY ADV. SRI.P.SANKARANKUTTY NAIR THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/01/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.No.1550 of 2001 ------------------------------------------------- Dated, this the 7th day of January, 2008 JUDGMENT This appeal is filed by the applicant in I.C.No.73/1999 on the file of the Employees' Insurance Court, Palakkad. Appellant was running a showroom for sale and service of two wheelers. Respondent issued a notice demanding contribution on the ground that the establishment of the appellant is a factory. She disputed that fact. But the notice issued demanding contribution was not reviewed. So she filed I.C.No.73/1999 before the Employees' Insurance Court challenging the demand made by the respondent which is marked as Ext.A1. The Insurance Court relying on the inspection report accepted the contention of the respondent that the establishment of the appellant is a covered establishment and passed the impugned order. Challenging that order the applicant has filed this appeal. 2. It is submitted by the counsel for the appellant that appellant was running a showroom and that showroom was closed six years prior to this date and there is no establishment functioning now. It is also submitted that so, without prejudice to the right of the respondent to proceed against the appellant in accordance with law this appeal is only to be closed. In the result, appeal is closed without prejudice to the right of the MFA No.1550/2001 -: 2 :- respondent to proceed against the appellant in accordance with law. C.M.P.No.9933/2001 in M.F.A.No.1550/2001 will stand dismissed. K. PADMANABHAN NAIR, JUDGE. cks MFA No.1550/2001 -: 3 :- K.PADMANABHAN NAIR, J. M.F.A.No.1550 of 2001 JUDGMENT 7th January, 2008.