[2025:RJ-JP:33539] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.12693/2025 Mukesh Kumar S/o Sh. Babu Lal, aged about 42 Years, R/o Indira Nagar, DCM Kota. Proprietor M/s Mukesh Enterprises, Indira Gandhi Nagar, DCM, Kota-324004 ----Petitioner Versus 1. Shri Basheer Aalam S/o Naseer Khan, Resident of Pachpahad, Tehsil Bhawanimandi, District Jhalawar (Rajasthan). 2. Aamna Bi W/o Shri Basheer Aalam Khan resident of Pachpahad, Tehsil Bhawanimandi, District Jhalawar (Rajasthan). Applicants/Non-Petitioners 3. The General Manager, M/s. Rajasthan Textile Mills, Bhawanimandi (Rajasthan). 4. The Branch Manager, Oriental Insurance Co. Ltd. Bhartiya Jeevan Bima Bhawan, Chhawani Chauraha, Kota. 324007. 5. Lr. Commissioner Employees Compensation Act, Bundi, Baran and Jhalawar Head Office Kota (Raj.). ----Performa-Non-Applicants/Non-Petitioners For Petitioner(s) : Mr. Prem Shanker Sharma For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 25/08/2025 1. Feeling aggrieved by order dated 15.07.2025 passed by the Commissioner, Employees Compensation Act, Bundi, Baran and Jhalawar, Head Office Kota (Rajasthan), whereby application for recalling the order dated 20.01.2025 as well as for granting one opportunity for leading evidence on behalf of non-claimants has been rejected. [2025:RJ-JP:33539] (2 of 3) [CW-12693/2025] 2. Learned counsel for the petitioner submits that the petitioner is suffering from incurable disease of brain cancer and only on account of adverse medical conditions prevailing at the relevant time, he could not lead evidence in support of his defence. On account of his omission, the opportunity to lead evidence was closed by the Commissioner, Employees Compensation Act vide order dated 20.01.2025. As the medical condition of the petitioner was improving, therefore, he filed an application for recalling the order dated 20.01.2025 and to grant one opportunity for leading evidence. However, the same has been rejected by the Competent Authority only on account of the fact that the case was pending for non-claimant's evidence for a considerable long time. 3. Learned counsel for the petitioner submits that in case one opportunity is granted to lead evidence, he would complete his entire evidence in one day, otherwise his entire defence will be prejudiced and serious miscarriage of justice shall be caused to him. 4. It has been indicated by the learned counsel for the petitioner that the matter before the Competent Authority has been posted for 10.09.2025 for final arguments. 5. In the light of above and in order to avoid further complications and delay in the matter, it would be in the interest of justice to grant one last opportunity to the petitioner for leading evidence. Accordingly, the writ petition filed by the petitioner stands disposed of with a direction to the Commissioner, Employees Compensation Act for providing last opportunity of [2025:RJ-JP:33539] (3 of 3) [CW-12693/2025] leading evidence to the petitioner on 10.09.2025 and on the same day he would complete his entire evidence. 6. Copy of this order shall be placed before the Commissioner, Employees Compensation Act within a period of three days from today and shall also be served upon the respondents No.1 & 2. In case, the claimants are aggrieved, they shall be at liberty to file application for recalling the instant order. 7. Looking to the inconvenience caused to the respondent- claimants, the petition is disposed of with a cost of Rs.15,000/-, which shall be paid to the respondents-claimants on 10.09.2025 itself. 8. The writ petition filed by the petitioner stands disposed of accordingly. (ANAND SHARMA),J DAKSH/25