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High Court of Andhra Pradesh · body

2026 DAILYLAW 4995 (AP)

M/s.Buldana Urban Bhakta Niketan, v. Employees State Insurance Corporation,

CRP/827/2026 · 2026-07-02

D Ramesh

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : 03.07.2026 Date of uploading : APHC010038632025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE 3 THE HONOURABLE SRI JUSTICE D RAMESH CIVIL REVISION PETITION NO: 827/2026 Between: 1. M/S.BULDANA URBAN BHAKTA NIKETAN,, REP. BY ITS MANAGER S.ASHOK, NGO COLONY, ALIPIRI, TIRUPATI, TIRUPATI DISTRICT. CHITTOOR DISTRICT. 1. EMPLOYEES STATE INSURANCE CORPORATION, REP. BY ITS REGIONAL DIRECTOR, D.NO.5 NAGAR, HYDERABAD. 2. THE DEPUTY DIRECTOR, REGIONAL OFFICE, EMPLOYEES STATE INSURANCE CORPORATION, D.NO.5 ADARSH NAGAR HYDERABAD. Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased topleased to allow the C.R.P. by setting aside the Order dated 21.10.2024 in I.A.No.108 of 2024 in ESI No.2 of 2022 on the file of the Industrial tribunal-cum-L abour Court and Special Court for the Trial of Offences under ESI Act, 1948 at Guntur, and to pass appropriate orders and pass IA NO: 1 OF 2026 Date of pronouncement : 03.07.2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE 3rd DAY OF JULY 2026 PRESENT HONOURABLE SRI JUSTICE D RAMESH CIVIL REVISION PETITION NO: 827/2026 M/S.BULDANA URBAN BHAKTA NIKETAN,, REP. BY ITS MANAGER S.ASHOK, NGO COLONY, ALIPIRI, TIRUPATI, TIRUPATI DISTRICT. CHITTOOR DISTRICT. ...PETITIONER AND STATE INSURANCE CORPORATION, REP. BY ITS REGIONAL DIRECTOR, D.NO.5-9-23, HILL FORT ROAD, ADARSH NAGAR, HYDERABAD. THE DEPUTY DIRECTOR, REGIONAL OFFICE, EMPLOYEES STATE INSURANCE CORPORATION, D.NO.5-9-23, HILL FORT ROAD, ADARSH NAGAR HYDERABAD. ...RESPONDENT(S): Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased topleased to allow the C.R.P. by setting aside the Order dated No.108 of 2024 in ESI No.2 of 2022 on the file of the L abour Court and Special Court for the Trial of Offences under ESI Act, 1948 at Guntur, and to pass appropriate orders and IN THE HIGH COURT OF ANDHRA PRADESH [3208] M/S.BULDANA URBAN BHAKTA NIKETAN,, REP. BY ITS MANAGER S.ASHOK, NGO COLONY, ALIPIRI, TIRUPATI, TIRUPATI DISTRICT. ...PETITIONER STATE INSURANCE CORPORATION, REP. BY ITS 23, HILL FORT ROAD, ADARSH THE DEPUTY DIRECTOR, REGIONAL OFFICE, EMPLOYEES STATE 23, HILL FORT ROAD, ...RESPONDENT(S): Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased topleased to allow the C.R.P. by setting aside the Order dated No.108 of 2024 in ESI No.2 of 2022 on the file of the L abour Court and Special Court for the Trial of Offences under ESI Act, 1948 at Guntur, and to pass appropriate orders and Petition under Section 151 in the affidavit filed in support of the petition, the High Court may be pleased pleased to condone the delay of 305 days in re CRP.No. 827 of 2026 in this Hon’ble Court and pass IA NO: 2 OF 2026 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 pleased to grant stay of all Proceedings.No.AP/INS 1102/2181 ,dt.20.12.2016, issued by the Respondents, respectively, pending disposal of the Civil Revision Petition, and pass Counsel for the Petitioner: 1. M PITCHAIAH Counsel for the Respondent(S): 1. P RAJASEKHAR APHC010038572025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE 30 THE HONOURABLE SRI JUSTICE D RAMESH CIVIL REVISION PETITION NO: 826/2026 Between: 1. BULDAN URBAN BHAKTA NIKETAM, REP. BY ITS MANAGER S.ASHOK, NGO COLONY, ALIPIR CHITTOOR DISTRICT. 1. EMPLOYEES STATE INSURANCE CORPORATION, REP. BY ITS REGIONAL DIRECTOR, D.NO.5 NAGAR, HYDERABAD. 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 pleased to condone the delay of 305 days in re-presenting the above CRP.No. 827 of 2026 in this Hon’ble Court and pass 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 pleased to grant stay of all Proceedings.No.AP/INS-lll/52-00 , issued by the Respondents, respectively, pending disposal of the Civil Revision Petition, and pass Counsel for the Petitioner: Counsel for the Respondent(S): P RAJASEKHAR IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE 30th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE D RAMESH CIVIL REVISION PETITION NO: 826/2026 BULDAN URBAN BHAKTA NIKETAM, REP. BY ITS MANAGER S.ASHOK, NGO COLONY, ALIPIRI, TIRUPATI, TIRUPATI DISTRICT. CHITTOOR DISTRICT. ...PETITIONER AND EMPLOYEES STATE INSURANCE CORPORATION, REP. BY ITS REGIONAL DIRECTOR, D.NO.5-9-23, HILL FORT ROAD, ADARSH NAGAR, HYDERABAD. CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased presenting the above 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 00-044743- , issued by the Respondents, respectively, pending [3208] BULDAN URBAN BHAKTA NIKETAM, REP. BY ITS MANAGER I, TIRUPATI, TIRUPATI DISTRICT. ...PETITIONER EMPLOYEES STATE INSURANCE CORPORATION, REP. BY ITS 23, HILL FORT ROAD, ADARSH 2. THE DEPUTY DIRECTOR, REGIONAL OFFICE, EMPLOYEES STATE INSURANCE CORPORATION, D.NO.5-9-23, HILL FORT ROAD, ADARSH NAGAR, HYDERABAD. ...RESPONDENT(S): Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased topleased to allow the C.R.P. by setting aside the Order dated 21.10.2024 in I.A.No.107 of 2024 in ESI No.2 of 2022 on the file of the Industrial tribunal-cum-L abour Court and Special Court for the Trial of Offences under ESI Act, 1948 at Guntur, and to pass appropriate orders and pass IA NO: 1 OF 2026 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 pleased to condone the delay of 305 days in re-presenting the above CRP.No. 826 of 2026 in this Hon’ble Court and pass IA NO: 2 OF 2026 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 pleased to grant stay of all Proceedings.No.AP/INS-lll/52-00-044743- 1102/2181 ,dt.20.12.2016, issued by the Respondents, respectively, pending disposal of the Civil Revision Petition, and pass Counsel for the Petitioner: 1. M PITCHAIAH Counsel for the Respondent(S): 1. P RAJASEKHAR The Court made the following: THE HONOURABLE SRI JUSTICE D RAMESH CIVIL REVISION PETITION NOs: 827 & 826 OF 2026 COMMON ORDER : The present Civil Revision Petitions are filed aggrieved by the common order dated 21.10.2024 in I.A.Nos.107 & 108 of 2024 in E.S.I.No.2 of 2024 on the file of the Industrial Tribunal-cum-Labour Court and Special Court for the Trial of Offences under ESI Act, 1948 at Guntur. 2. The said E.S.I. was dismissed for non-prosecution on 01.04.2024. Subsequently, the petitioner/claimant filed I.A. Nos.107 and 108 of 2024 seeking condonation of a delay of 56 days in filing the petition to restore E.S.I. No.2 of 2024 and for restoration of the said E.S.I. The said interlocutory applications were dismissed by order dated 21.10.2024. Aggrieved thereby, the present Civil Revision Petitions are filed. 3. Learned counsel for the petitioner submitted that there was no wilful negligence on the part of the petitioner. Owing to a communication gap, the learned counsel could not inform the petitioner in time, resulting in the delay in filing the restoration petition. Therefore, he requested this Court to condone the delay, set aside the impugned order, and restore E.S.I. No.2 of 2024. 4. Learned counsel appearing for the respondents vehemently opposed the petitions. He submitted that even in the earlier proceedings, the petitioner failed to prosecute the matter diligently and that no cogent reasons were assigned in the applications for condonation of delay. Therefore, it was contended that the petitioner is not interested in prosecuting the matter, and the Court below rightly dismissed the applications. 5. Considering the rival submissions and upon perusal of the material available on record, this Court is of the opinion that the petitioner is only a claimant in the proceedings and that the delay appears to have occurred on account of a communication gap between the petitioner and his learned counsel. The Court below dismissed the applications without affording a further opportunity to the petitioner to prosecute the matter. 6. Having regard to the aforesaid facts and circumstances of the case, this Court is inclined to set aside the impugned common order dated 21.10.2024. Consequently, I.A. Nos.107 and 108 of 2024 are allowed, the delay is condoned, and E.S.I. No.2 of 2024 is restored to file. The Court below is directed to dispose of E.S.I. No.2 of 2024 as expeditiously as possible, preferably within a period of six (06) months from the date of receipt of a copy of this order. The petitioner shall extend full cooperation for the early disposal of the matter. If the petitioner fails to prosecute the matter, it is open to the Court below to pass appropriate orders in accordance with law. 7. Accordingly, the Civil Revision Petitions are disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ____________ D RAMESH, J Date : 03.07.2026 TJN Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 257 THE HONOURABLE SRI JUSTICE D RAMESH CIVIL REVISION PETITION NOs: 827 & 8726 OF 2026 Date : 03.07.2026 TJN HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI CIVIL REVISION PETITION NOs: 827 & 826 OF 2026 PROCEEDING SHEET SL. NO. DATE ORDER OFFICE NOTE 30.6.2026 DR, J The Civil Revision Petitions are disposed of. (Vide Separate Common Order) _______ DR, J TJN