1 APHC010580262024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3572] WEDNESDAY,THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CIVIL MISCELLANEOUS APPEAL NO: 780/2024 Between: 1. SRI PADMAVATHI TRANSPORT, REP. BY ITS MANAGER, G. PAVAN KUMAR, R/O JAGGAIAHPET, KRISHNA DISTRICT. ...APPELLANT AND 1. THE JOINT REGIONAL DIRECTOR, E.S.I CORPORATION, SUB REGIONAL OFFICE, GUNADALA, VIJAYAWADA, KRISHNA DISTRICT-520 004. 2. RECOVERY OFFICER, E.S.I CORPORATION, SUB REGIONAL OFFICE, GUNADALA, VIJAYAWADA-4 KRISHNA DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Appeal Under Section_____against orderspleased to allow the appeal and set aside the order dated 24.07.2024 in E.S.I.O.P.No. 04 of 2021 passed by the Honble Principal Civil Judge (Senior Division), Vijayawada and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased 2 pleased to condone the delay of 05 days in filing the Civil Miscellaneous Appeal and pass IA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of the order 24.07.2024 in E.S.I.O.P.No. 4 of 2021 passed by the Hon’ble Principal Civil Judge (Senior Division), Vijayawada pending disposal of the Appeal and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to Stay all further proceedings in pursuant to the order under section 45-G of ESI, Act,1948 vide No. API RO/ VJA/ RRO/ Q/ 62000167980000799, dated: 14.10.2025, issued by the respondent no.2 and pass Counsel for the Appellant: 1. M RAVINDRA Counsel for the Respondent(S): 1. K SANGAN NAIDU The Court made the following: 3 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI C.M.A.No.780 of 2024 JUDGMENT: (per Hon‟ble Sri Justice Ravi Nath Tilhari) On 06.04.2026, the following order was passed: “ The appeal has been filed by the appellant/petitioner, being aggrieved from the dismissal of its petition for recovery of Rs.65,60,000/- under Section 73 of the Employees‟ State Insurance Act, 1948, vide order dated 24.07.2024 passed in E.S.I.O.P.No.4 of 2021 on the file of the Principal Civil Judge (Senior Division), Vijayawada. 2. Ms.S.Mahaswetha Varma, learned counsel, representing Sri M.Ravindra, learned counsel for the appellant, submits that the appellant does not want to press the appeal. She submits that the Court Slip was given on 30.03.2026 mentioning the nature of urgency „for withdrawal‟, on which the matter has been listed today under the caption „for withdrawal‟. 3. However, we find that there is nothing on record in the form of an application or memo for withdrawal of the appeal or any letter addressed to the Registrar (Judicial) for withdrawal, which is the practice in this Court to address a letter to the Registrar (Judicial), and in many cases also annexing the letter of the applicant to the counsel giving instructions to withdraw. But in the present case, there is nothing on record except the Court Slip. The Court Slip is entertained only for listing of the matter considering the nature of the urgency mentioned. The matter was listed. But based on the Court Slip, mentioning the nature of urgency „for withdrawal‟, the appeal cannot be dismissed as withdrawn. 4 4. At this stage, learned counsel submits that the matter may be posted in the next week. In the meantime, the appellant would take appropriate steps. 5. List in the next week.” 2. Learned counsel for the appellant has filed the memo submitting inter alia that the matter was settled out of Court and as such, the appellant wants to withdraw the appeal with liberty to approach this Court, in case the respondents violated the terms of the settlement. 3. Ms.S.Mahaswetha Varma, learned counsel representing Sri M.Ravindra, learned counsel for the appellant, is present and submits that the appeal be dismissed in view of the memo. 4. Sri K.Sangannaidu, learned counsel appears for the respondents through virtual mode. 5. Recording the same, we dismiss the C.M.A as withdrawn, without observing anything with respect to the said alleged out of court settlement. 6. There is no question of granting liberty as prayed for. It is always open to the appellant to approach the appropriate forum in case of any future grievance as per law, as may be advised. 7. There shall be no order as to costs. 5 As a sequel, interlocutory applications pending if any, shall stand closed. ____________________ RAVI NATH TILHARI, J _____________________ BALAJI MEDAMALLI, J Date: 15.04.2026. Pab