- 1 - HC-KAR NC: 2025:KHC:40215 MFA No. 5129 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5129 OF 2018 (ESI) BETWEEN: EMPLOYEES STATE INSURANCE CORPORATION SUB REGIONAL OFFICE, BANGALORE NORTH(PEENYA) HARINI TOWERS, 3RD CROSS, III MAIN OFF RING ROAD, 2ND STAGE, INDUSTRIAL SUBURB, YESHWANTHAPUR, BANGALORE – 560 022 REPRESENTED BY ITS DEPUTY DIRECTOR …APPELLANT (BY SMT. GEETHA DEVI M.P. ADVOCATE) AND: THE MANAGEMENT OF M/S SCOTTS GARMENTS LIMITED(UNIT-20), NO.48/4 AND 9, KARIHOBANAHALLI, 2ND STAGE, PEENYA, BANGALORE - 58 REPRESENTED BY ITS DIRECTOR, SRI. AWAIZ AHMED …RESPONDENT (RESPONDENT IS SERVED) THIS MFA FILED U/S.82(2) OF THE EMPLOYEES STATE INSURANCE ACT, AGAINST THE JUDGMENT AND AWARD DT.28.03.2018 PASSED ON ESI NO.11/2017 ON THE FILE OF THE EMPLOYEES STATE INSURANCE COURT, BENGALURU, DIRECTING THE APPLICANT TO PAY THE 70% DAMAGES AS PER THE RESPECTIVE ORDERS U/S.85-B & D-19 NOTICE OF THE ESI ACT DT.09.01.2017 PASSED BY THE RESPONDENT Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40215 MFA No. 5129 of 2018 CORPORATION AT ANNEXURE-C WITHIN TWO MONTH FROM THE DATE OF ORDER. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a Memo seeking withdrawal of the appeal with liberty to prosecute its claim in the Insolvency proceedings. Placing the said memo on record, the appeal is dismissed as withdrawn with liberty as sought for. SD/- (HANCHATE SANJEEVKUMAR) JUDGE DR List No.: 1 Sl No.: 28