- 1 - HC-KAR NC: 2025:KHC:19046 MFA No. 8678 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 8678 OF 2023 (ESI) BETWEEN: 1. M/S HMS INSTITUTE OF TECHNOLOGY AFFILIATED TO VISVESVARAYA TECHNOLOGICAL UNIVERSITY BELGAUM AND APPROVED BY AICTE NEW DELHI OFFICE AT NH 4, KESARAMADU POST KYATHASANDRA TUMKURU 572104 REP BY TIS DEAN MR MANJUNATH GOWDA 2. S SHAFI AHMED LATE ABDUL SUBHAN AGED ABOUT 82 YEARS R/T NO. 3RD CROSS, BAR LINE TUMKURU KARNATAKA 572101 …APPELLANTS (BY SRI. NISHANTH A V, ADVOCATE) AND: 1. THE RECOVERY OFFICER ESI CORPORATION SUB REGIONAL OFFICE - BANGALORE NORTH (PEENY), HARINI TOWERS 3RD CROSS, 3RD MAIN OFF RING ROAD, NEAR F T I II STAGE, INDUSTRIAL SUBURB YESHWANTHPUR BENGALURU 520022 2. THE BRANCH MANAGER Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19046 MFA No. 8678 of 2023 CORPORATION BANK KASTURI MANSION M G ROAD TUMKURU 572102 …RESPONDENTS THIS MFA IS FILED UNDER SECTION 82(2) OF THE EMPLOYEE STATE INSURANCE ACT, AGAINST THE ORDER DT.19.07.2023 PASSED IN ESI.NO.1/2017 ON THE FILE OF THE COURT OF EMPLOYEES STATE INSURANCE, BENGALURU, DISMISSING THE APPLICATION FILED UNDER SECTION 75 OF THE ESI ACT AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT 1. Learned counsel for the appellants has filed a memo dated 15.04.2025, which states as follows: The Appellant has cleared all the pending dues to the Recovery Officer, ESI Corporation, Bengaluru and that on 03.04.2025, the Appellant has addressed a letter to the undersigned requesting to withdraw the present Appeal. Therefore, the Appellant craves leave of this Hon’ble Court to withdraw the above Appeal. Copy of the letter dated 03.04.2025 is herewith marked and produced as Document No.1. WHEREFORE, the appellant most humbly and respectfully prays that this Hon’ble Court may be pleased to dismiss the above Appeal as “WITHDRAWN’ in the interest of Justice and equity. - 3 - HC-KAR NC: 2025:KHC:19046 MFA No. 8678 of 2023 2. In view of the memo dated 15.04.2025, the present appeal is dismissed as withdrawn. SD/- (C.M. POONACHA) JUDGE BS List No.: 2 Sl No.: 2