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2021 DAILYLAW 1929 (BOM)

REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, MUMBAI v. M/S. SANJAY MAINTENANCE SERVICES PVT. LTD., MUMBAI

FA/269/2021 · 2026-01-28

Shri Jitendra Shantilal Jain

body2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sayyed 32-FA.269.2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.269 OF 2021 The Regional Director, Employees' State Insurance Corporation ...Appellant Versus M/s. Sanjay Maintenance Services Pvt. Ltd., Mumbai ...Respondent _____________________________________________________ Ms. Seema K. Chopda for the Appellant. Ms. Samiksha Kanani a/w Ms. Gayatri Naik & Ms. Sumandevi Yadav for the Respondent. _____________________________________________________ CORAM : JITENDRA JAIN, J. DATE : 28 JANUARY 2026 P.C.: 1. As per the Amnesty Scheme of 2025, if the Corporation has filed an appeal before the Higher Court challenging damages ordered by the Employees’ State Corporation Court (ESI Court) and the damages have been paid, the appeal filed by the Corporation would be withdrawn after realising the amount of the damages as ordered by the ESI Court. 2. In this case, Ms. Kanani appearing for the respondent states that they have deposited the amount of damages in the ESI Court. However, there is nothing on record to show that. Therefore, the appellant-Corporation and the respondent to verify whether any amount has been deposited and if yes, same is in accordance with the order of the ESI Court. Any excess will have to be refunded back to the respondent. 1 of 2 2026:BHC-AS:4175 Sayyed 32-FA.269.2021.doc 3. If the amount as per the ESI Court has been deposited then the present appeal will stand withdrawn. There is some dispute as to whether the amount has been deposited with the ESI Court or with the appellant-Corporation. Both the parties to sit and get this verify. If the amount is not deposited then the appellant-Corporation is at liberty to recover the amount from the respondent. 4. Ms. Samiksha to file Vakalatnama within one week from today. 5. The appeal is disposed of in above terms. [ JITENDRA JAIN, J. ] 2 of 2 Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 28/01/2026 18:26:00