- 1 - HC-KAR NC: 2026:KHC:21237-DB MFA No. 4261 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.4261 OF 2018 (ESI) BETWEEN: 1. EMPLOYEES' STATE INSURANCE CORPORATION NO.10, BINNY FILEDS BINNYPET BANGALORE 260023 REPRESENTED BY ITS ASSISTANT DIRECTOR 2. THE RECOVERY OFFICER EMPLOYEES' STATE INSURANCE CORPORATION, NO.10, BINNY FILEDS BINNYPET, BANGALORE 260023 …APPELLANTS (BY SRI. GEETHA DEVI M P., ADVOCATE) Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA, BENGALURU - 2 - HC-KAR NC: 2026:KHC:21237-DB MFA No. 4261 of 2018 AND: 1. M/S SHABARI ENTERPRISES 30TH MAIN ROAD KODI CIRCLE, WHITE FILED POST, BANGALORE 560066 REPRESENTED BY ITS MANAGING PARTNER SRI C CHANDRARAJ …RESPONDENT (BY SRI. SOMASHEKAR., ADVOCATE) THIS MFA FILED UNDER SECTION 82(2) OF THE ESI ACT, AGAINST THE ORDER DATED 19.03.2018 PASSED IN ESI APPLICATION NO.40/2016 ON THE FILE OF THE ESI COURT, BENGALURU, DIRECTING TO PAY THE 80% DAMAGES AS PER THE ORDERS PASSED U/S 85 B OF THE ESI ACT DATED 12.02.2016 PASSED BY THE RESPONDENT CORPORATION AT ANNEXURE-D WITHIN 45 DAYS FROM THE DATE OF RECEIPT OF ORDER. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:21237-DB MFA No. 4261 of 2018 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) A memo is filed seeking withdrawal of the appeal. The memo reads as under: "The Appellant has preferred the above appeal against the order dated 19.03.2018 in E.S.I. Application No.40 of 2016 on the file of the Employees State Insurance Court at Bangalore, allowing the application of the Respondent in part and directing to pay 80% of the Damages as determined by the ESIC and rejecting 20% of the amounts. The Respondent has paid the amounts as ordered by the ESI Court and the appeal filed by the Respondent MFA No.5338 of 22018 was dismissed as withdrawn as per the order dated 03-06-2024. As per the New Amnesty Scheme 2025, one of the terms regarding damages if the Establishment pays the amount ordered by the ESI Court has been complied such matters have to be withdrawn and should not be prosecuted. - 4 - HC-KAR NC: 2026:KHC:21237-DB MFA No. 4261 of 2018 Hence the Appellant named above prays that this Hon'ble court may be pleased to permit the Appellant to withdraw the above appeal in the ends of justice." 2. The memo is taken on record. 3. The appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE VM List No.: 1 Sl No.: 25