1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil Application No.8221/2008 IN Writ Petition No. 4232/2007 (DECIDED) (M/s Rashmi Tyres VERSUS E.S.I.C. & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.E. Raghorte, counsel for the applicant. Mrs. B.P. Maldhure, counsel for the respondents. CORAM : SMT. VASANTI A. NAIK, J. DATE : NOVEMBER 12, 2008. Heard the learned counsel for the parties. By this civil application, the applicant seeks condonation of delay in filing the appeal before the Employees Insurance Court. It appears that, in effect, the applicant seeks an extension of time to file an application before the Employees Insurance Court under Section 75 of the Employees State Insurance Act, as the applicant was directed to file the application within a period of four weeks from the date of the judgment in Writ Petition No.4232/2007 which was passed on 24.09.2007. By the judgment dated 24.09.2007, the applicant was directed to furnish solvent surety to 2 the tune of Rs.92,000/- before the Employees Insurance Court at Nagpur within a period of four weeks from 24.09.2007. The applicant had undertaken to file an application under Section 75 within a period of four weeks from 24.09.2007. It further appears that the applicant was not in a position to furnish surety within the stipulated time and this Court had, by an order dated 02.11.2007, granted further time of three weeks for furnishing solvent surety. It appears that the applicant has furnished solvent surety within the extended period of three weeks. The petitioner has then filed the present civil application, in effect, to seek the extension of time to file an application under Section 75 of the Employees Insurance Act. It is brought to the notice of this Court that after the solvent surety was furnished, the applicant also approached the Employees Insurance Court for filing of the application but, the application was not 3 registered as it was not filed within the time prescribed in the judgment dated 24.09.2007. For the reasons stated in the civil application, the time to file the appeal is extended till the date the applicant approached the Employees Insurance Court for filing the appeal. The Employees Insurance Court is directed to register the appeal which is presented by the applicant in the Court on 23.11.2007. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE