IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY, THE TWENTY THIRD DAY OF JANU TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 615 OF 2024 Appeal Under Section 82 of E.S.I. Act against the order dated 25.4.2013 made in ESIOP.No.34 of 2007 on the file of the Court of the Principal Senior Civil Judge, Machilipatnam. Between: M/S Sri Dhanalakshmi Rice Mill, Krishna Dist, Machilipatnam, represented by its Managing Partner, S.Siva Ramachandra Prasad s/o Venugopal Rao, aged about 63 years, r/o 4-126, Rajupet, Machilipatnam, Krishna District. ...APPELLANT/PETITIONER AND 1. Employees State Insurance Corp Ltd., hyd and 4 others. Represented by its Regional Director, Barkatpura Chowrastha, Hyderabad. 2. The Recovery Officer, Employees State Insurance Corporation., Vijayawada. 3. Venkata Ramana Traders, Represented by its Proprietor, Puti Subrahmanyam s/o Srinivasulu, Bantumilli Village and Mandal, Krishna District. 4. Vijaya Bhavani Traders, represented by Its Proprietor - D.N.V. ,J8famba%h^ackside Krishna Kishore Talkies, Machilipatnam, Krishna ^ h % FdiC|Corporation of India, Represented by its District Manager, '■^iftja^wada. (5th respondent is not necessary party to this appeal) ...RESPONDENTS lA 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 to stay all further proceedings in pursuance of ESt.O.P.No. 34 of 2007 dated; 25.4.2013 on the file of the learned Senior Civil Judge, Machilipatnam during the pendency of the appeal and pass I.A. NO: 2 OF 2014(CMAMP. NO: 246 OF 2014) 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 to condone the delay of (126 )days in filing the appeal against the order passed by the Senior Civil Judge, Machilipatnam in ESI.OP.No.34 of 2007 dated:25.04.2013 in the interest of Justice. Counsel for the Appellant: SRI M RAVINDRA, SRI M. MAHASWgLTHA VARNA, CONSEL REPRESENTING Counsel for the Respondent Nos : 1 & 2 SRI U.R.P. SRINIVAS The Court made the following:JUDGMENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN Civil Miscellaneous Appeal No.615 of 2024 JUDGMENT: (per Hon’ble Sri Justice Ravi Nath Tiihari) The present appeal was filed under Section 82 of the Employees’ State Insurance Act, 1948 (for short, “the Act”). 2. During the pendency of the appeal, the appellant wanted to make the payment of the amount, pursuant to the notices issued under the Act and after dismissal of the petition. 3. On 12.12.2024 the following order was passed: “On 14.11.2024, the following order i/vas passed: “Learned counsel appearing on behalf of the appellant's counsel, Sri M.Venkata Narayana, submits that as per the instructions of the appellant, the appellant is ready to make the payment of the amount due under E.S.I.Act pursuant to the notice issued under the* said Act, but submits that the amount has not been quantified i.e. as to what amount is to be paid and consequently, the appellant is not able to make the payment. 2. Let the affidavit be filed to that effect. 3. In the meantime, the respondents 1 and 2 shall also file the affidavit stating as to what amount is due and payable by the appellant pursuant to the proceedings under the E.S.I.Act. 4. Liston 05.12.2024.’’ 2. On 5.12.2024, the following order was passed: "Learned counsels for the parties pray for further time to file respective affidavits in terms of the order, dated 14.11.2024. i i 2. List on 12.12.2024. 3. In spite of the aforesaid orders, the requisite affidavits have not been filed. 4. Learned counsel for the appellant prays for further time. 5. As last opportunity, a week’s time is granted for filing affidavits for the appellant, falling which, the Court may pass orders for the appearance of the appellant. ■of 2 RNT, J. & CGR, J. C.M.A.No.615of2024 6. Poston 19.12.2024. Sri S.Mahaswetha Varma, learned counsel, representing Sri M. Ravindra, learned counsel for the appellant, submits that the amount has been paid to the respondents. 4. \ A memo to that effect has also been filed on behalf of respondents 1 and 2, dated 21.01.2025, which reads as under: “MEMO FILED ON BEHALF OF RESPONDENTS No.1 AND 2 5. It is respectfully submitted that instruction? have been received from the concerned authorities vide their letter dated 17,01.2025 and email dated 21.01.2025, and it is humbly submitted that as per the directions by this Hon’ble Court on 19.12.2024, the Appellant herein has submitted a DD bearing No.796409 dated 06.01.2025, for the amount of Rs.74,965-00/-. Hence, pray your Lordships to kindly consider this Memo.” 6. In view of the aforesaid memo, nothing survives to be adjudicated in the appeal. 7. The appeal is, therefore, closed. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. SDI- S.V.S.R. MURTHY JOINT REGISTRAR r //TRUE COPY// SECTION OFFICER To, 1. The Senior Civil Judge, Machilipatnam. 2. One CC to Sri M Ravindra, Advocate [OPUC] 3. One CC to Sri U.R.P. Srinivas, Advocate [OPUC] 4. Three CD Copies PNM ✓ HIGH COURT DATED:23/01/2025 JUDGMENT CMA.No.615 of 2024 APPEAL IS CLOSED NO ORDER AS TO COSTS