Karnataka High Court
MFA/789/2025 of M/S BANGALORE SUITS Vs THE DEPUTY DIRECTOR on 30 September 2026
CNR: KAHC010059662025 NC: 2026:KHC:54901-DB MFA No. 789 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE K.S.BHARATH KUMAR MISCELLANEOUS FIRST APPEAL NO.789 OF 2025 (ESI)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE K.S.BHARATH KUMAR
MISCELLANEOUS FIRST APPEAL NO.789 OF 2025 (ESI)
BETWEEN:
M/S BANGALORE SUITS
(A UNIT OF GOKALDAS IMAGES
PRIVATE LIMITED)
NO.48, 2ND PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU -560058
REP. BY IT MANAGING DIRECTOR,
MR. SUMIR J HINDUJA
…APPELLANT
(BY SRI. PRAKRUTH P. HONAGANAHALLI, ADV. FOR
SMT. KAVITA DAMODARAN, ADV)
AND:
THE DEPUTY DIRECTOR
EMPLOYEES STATE INSURANCE CORPORATION ,
REGIONAL OFFICE (KARNATAKA) SRO -PEENYA
BANGALORE NORTH PEENYA
Digitally
signed by
PAVITHRA N
Location:
High Court of
Karnataka
HC-KAR
HARINI TOWERS 3RD MAIN
3RD CROSS INDUSTRIAL SUBRUB
YESHWANTHPUR
BANGALORE- 560022
…RESPONDENT
(BY SRI. BASAVARAJ TODATTI, ADV. FOR
SMT. GEETHA DEVI M. P., ADV)
THIS MFA IS FILED U/S 82(2) OF EMPLOYEES STATE
INSURANCE ACT, 1948, AGAINST THE ORDER DATED
17.09.2024 PASSED IN ESI APPLICATION NO.49/2023 ON THE
FILE
OF
THE
EMPLOYEES
STATE
INSURANCE
COURT,
BENGALURU, DISMISSING THE APPLICATION FILED UNDER
SECTION 75 OF THE ESI ACT.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE K.S.BHARATH KUMAR
HC-KAR
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ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This appeal is preferred against the order dated 17.09.2024 passed in ESI Application No.49/2023 by the Employees State Insurance Court, Bengaluru, (Industrial Tribunal), ("the ESI Court" for short).
2. Learned counsel appearing for the appellant has placed on record a memo stating that by the letter dated 21.07.2026, the respondent has acknowledged the deposit made by the appellant with regard to the levy of damages in terms of the New Amnesty Scheme, 2025. It is submitted that under the Amnesty Scheme 2025, the dispute stands settled by payment of 10% as required under the said Scheme.
3. It is further submitted that since the amount to be paid under the Amnesty Scheme is only 10% of the damages and since an amount of Rs.3,94,017/- has been deposited before the ESI Court, the balance may be permitted to be withdrawn.
HC-KAR
4. Learned counsel appearing for the respondent- Corporation does not object to the request.
5. In the above view of the matter and in view of the fact that the dispute stands settled under the new Amnesty Scheme, 2025 at 10% of the amount claimed as damages, we are of the opinion that the memo filed by the appellant can be accepted. The memo is accordingly, accepted. The settlement is recorded. The appeal is disposed of in terms of the memo.
The amounts, if any, paid by the appellant in excess of 10% of the amount of damages, which is submitted by both parties to be the amount payable under the Amnesty Scheme 2025, shall be duly refunded to the appellant.
Pending applications, if any, also stand disposed of.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (K.S.BHARATH KUMAR) JUDGE
PN List No.: 4 Sl No.: 1