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2026 DAILYLAW 8871 (BOM)

ALLIANCE FABTECH PVT LTD v. EMPLOYEES STATE INSURANCE CORPORATION AND ORS

WP/11552/2026 · 2026-09-17

body2026

Judgment text

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k 1/2 12 wp 11552.26 as.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11552 OF 2026 M/s. Alliance Fabtech Pvt. Ltd. ....Petitioner V/S Employees’ State Insurance Corporation & Ors. ....Respondents _________ Ms. Samiksha Kanani with Ms. Latika Yadav for the Petitioner. Mr. Anand Kulkarni for Respondent Nos.1 to 5/State. __________ CORAM : SANDEEP V. MARNE, J. DATE : 17 SEPTEMBER 2026. P.C.: 1. One of the grounds on which the impugned order dated 20 April 2026 is challenged is violation of principles of natural justice. 2. Mr. Kulkarni, the learned counsel appearing for the Respondent- ESIC fairly submits that notice of the proceedings could not be served on the Petitioner on account of demolition of the old structure. He submits that the Appellate Authority will grant a fresh opportunity of hearing to the Petitioner and conduct re-adjudication of the proceedings. 3. Accordingly, order dated 20 April 2026 passed by the Appellate Authority is set aside. Petitioner shall appear before the Appellate Authority on 5 October 2026 and apply for fixation of dates of hearing in the Appeal. It is clarified that it would not be necessary to issue any notice to the Petitioner in the remanded Appeal proceedings. katkam Page No. 1 of 2 k 2/2 12 wp 11552.26 as.doc 4. Since the main order dated 20 April 2026 is set aside, nothing survives in Recovery Notice dated 5 June 2026 and the same is also set aside. 5. All rights and contentions of parties are expressly kept open. The Appellate Authority shall decide the proceeding on its own merits. In the remanded Appeal the Petitioner shall place on record before the Appellate Authority its correct address. (SANDEEP V. MARNE, J.) katkam Page No. 2 of 2 Signed by: Sudarshan R. Katkam Designation: PS To Honourable Judge Date: 18/09/2026 11:10:27