:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3668 OF 2005 CIVIL APPLICATION NO. 3668 OF 2005 CIVIL APPLICATION NO. 3668 OF 2005 IN IN IN FIRST APPEAL STAMP NO. 1676 OF 2005 FIRST APPEAL STAMP NO. 1676 OF 2005 FIRST APPEAL STAMP NO. 1676 OF 2005 The Employees’ State Insurance Corporation, Mumbai ..Appellants versus M/s. Warden Kool & Consultants Pvt. Ltd. ..Respondents Mr. H. V. Mehta for the Appellants. Mr. Patwardhan for the Respondents. WITH WITH WITH CIVIL APPLICATION NO. 2849 OF 2005 CIVIL APPLICATION NO. 2849 OF 2005 CIVIL APPLICATION NO. 2849 OF 2005 IN IN IN FIRST APPEAL NO. 1191 OF 2005 FIRST APPEAL NO. 1191 OF 2005 FIRST APPEAL NO. 1191 OF 2005 M/s. Warden Kool Consultants Pvt. Ltd. ..Appellants versus Employees State Insurance Pvt. Ltd. ..Respondents Mr. Patwardhan for the Appellants. Mr. H. V. Mehta for the Respondents :2: CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. DATE : 29TH AUGUST,2005 DATE : 29TH AUGUST,2005 DATE : 29TH AUGUST,2005 P.C. : P.C. : P.C. : 1. Heard. 2. Civil application No. 3668 of 2005 is filed by ESIC for condonation of delay of 55 days. Counsel for the respondents has no objection. Delay is condoned. Appeal be registered. Civil Application allowed and disposed of. 3. First Appeal No. 1191 is filed by the ESIC. There are Appeals and Cross Appeals by both the sides. Therefore, both the appeals are admitted. 4. So far as Civil Application No. 2849 of 2005 in F.A. 1191 of 2005 is concerned, the appellants have deposited the amount of Rs.99,000/- and it is invested in the Nationalised bank. Civil Application is disposed of. 5. Both the appeals are expedited. Put up appeals for final hearing on11.10.2005. Till then the amount to remain in deposit. Further execution, if any is stayed. :3: 29.8.2005 (D.G. DESHPANDE, J.)