- 1 - HC-KAR NC: 2025:KHC:29787 MFA No. 5127 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5127 OF 2018 (ESI) BETWEEN: EMPLOYEES STATE INSURANCE CORPORATION SUB REGIONAL OFFICE BANGALORE NORTH(PEENYA) HARINI TOWERS, 3RD CROSS III MAIN, OFF RING ROAD(NEAR FTI), 2ND STAGE, INDUSTRIAL SUBURB YESHWANTHAPUR BANGALORE-560022 REPRESENTED BY ITS DEPUTY DIRECTOR …APPELLANT (BY SMT. GEETHA DEVI M P, ADVOCATE) AND: THE MANAGEMENT OF M/S SCOTTS GARMENTS LIMITED, NO.V-27, 2ND STAGE 2ND PHASE, 7TH MAIN ROAD PEENYA INDUSTRIAL AREA REPRESENTED BY ITS DIRECTOR SRI AWAIZ AHMED …RESPONDENT (RESPONDENT IS SERVED) THIS MFA IS FILED U/S.82(2) OF THE EMPLOYEES STATE INSURANCE ACT, AGAINST THE JUDGMENT AND AWARD DT.28.03.2018 PASSED ON ESI NO.10/2016 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.05.01.2016 PASSED BY THE RESPONDENT CORPORATION AT ANNEXURE-C WITHIN TWO MONTH FROM THE DATE OF ORDER AND ETC. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29787 MFA No. 5127 of 2018 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 which states as follows: The above appeal is filed against the order dated 28.03.2018 in EI No.10 of 2016 on the file of the ESI Court at Bengaluru. The Respondent has filed insolvency proceedings in Case No.CP (IB) 68/BB/2018. In view of the Moratorium under Section 14(1) of IB Code 2016, prohibits institution or continuation of the proceedings against corporate debtor, this memo is being filed. The Appellant named above prays that this Hon’ble Court may be pleased to permit the Appellant to withdraw the above appeal with liberty to prosecute its claim in the Insolvency proceedings, in ends of justice. 2. In view of the memo dated 01.08.2025, present appeal is dismissed as withdrawn with liberty as aforementioned. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE BS - List No.: 1 Sl No.: 27