CMA/51/2021 of M/S. SHIVA YAMAHA, Vs The Deputy Director/Authorized Officer on 12 December 2025

[ 3485l

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

FRIDAY, THE TWELFTH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO

CIVIL MISCELLANEOUS APPEAL NO':51 OF 2O21

Appeal Under Section 82(2) ot Employees State lnsurance Act, 1948

against the orders dated 17.12.2020 made in NO. TS/lns, Il/52-00-03563-000- 0999, on the file of the Additional Commissioner & Regional Director Appellate Authority at Hyderabad.

Between:

M/s. Shiva Yamaha, 7-7-36912, Mulugu Road, Warangal Represented by Smt.

VEENA MEMBE, Wo. M. Shiva Prakash (Late, aged 46 years, No 1-8-23311, Sai Nagar, Central Library Lane, Hanumakonda, Warangal-506001.

...APPELLANT/PETITIONER

AND

The Deputy Director/Authorized fficer, lnsurance Branch-lns.ll, Regional Director, ESI Corporation, Hyderabad.

...RESPONDENT/RESPONDENT

I.A.NO: 1OF 2021

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 to stay all further proceedings Vide. No. TS/lns. 11152-00-03563-000-0999 & including recovery against the petitioner firm in E.l.C.NO. TS/lns. ll/52-00-03563-000-0999, dated: 17-12-2020 on the file of the Employees State insurance court and the Deputy Director/Authorized Officer, lnsurance Branch- lns.ll, ESI Corporation, Hyderabad, (dated'14-10-2019) Pending disposal of the main appeal by the respondent corporation.

!.A.NO: 2OF 2021

Petition under Section 82(2) ot Employees State Insurance Act, 1 948

praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to modify the order in I.A. 1 ol 2021 in CMA No.51 of 2021, dated 4-2-2021 and confer the amount to 25olo of the demand I

amount which the Petitioner has already deposited and the stay granted may be continued otherwise sha, be put to irrepirautl r"", "ro extreme hardship.

Gounsel for the Appeflant: Sri. A. Satyavathi counsel for th,e Respondent: sri. G venkateshvarru (sc FoR Esrc)

The Court delivered the following: Judgment t.

I

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD

HON'BLE SRI IUSTICE SUDDALA CHALAPATHI RAO

CIVIL MISCELLANEOU S APPEAL NO.51 oF 202t DATE: 12.12.2025

Between:

M/s.Shiva Yamaha, rep. by Smt. Veena Membe, r/ o. Hanumakonda, Warangal.

Appellant/

Petitioner

and

The Deputy Director/Authorized Officer,

Insurance Branch-Ins.Il, Regional Director, ESI Corporation, Hyderabad.

.... Respondent/

Respondent

}UDGMENT:

None appeared for the appellant and heard Mr.

G.venkateshwarlu, learned standing Counsel for ESIC for respondent.

2.

when the matter was taken up for hearing on several occasions, i.e ., on 24.10.2025, 13.11 .2025, 74.71.2025, 28.1J..202s, there was no representation on behalf of the appellant though the learned Standing Counsel for respondent reported ready for arguments. It )

appears that the appellant is not interested to prosecute the above -ifll

2

case despite the mafter being undergone several adjournments for advancing the arguments on behalf of the appellant.

3.

Learned Stancling Counsel for the respondent would submit present appeal is filed against the orders passed in No.TSlIr s.II/

dated t7.72.2020 on the file of

that the

the Additional Cornmissioner & Regional D,rrector Appellate Authority at Hyder abad,, under the Employees 'State Insurance Act, 1948 (for s;hort, ,ESI Act,) and the Civil Miscellaneous Appeal is not maintainatrle in view of availability of an efficacious alternative remedy of appeal under section zs (1)(g) of ESI Act. .l-he appellant without av,iling said arternative remedy has approached this Court under Secti <>n 82Q) of the said Act, as such the present Appear is not maintainab ,1,: before this Court.

4'

As seen from the provisions of the Act, the apperant has an efficacious arternative remedy of appear under section 75(1)(g)of the EsI Act' In view of the same, the Appear is disposed of, permifting rhe apperant to ava, right of appear under secrion 75(1)(g)of the EsI

Act' 7948' As the appeal has been pending before this Court since Iong time' the appellant shall be entitled to the benefit under section 74 0f the Limitarion Act by f,ing the apprication before the authority I

,/i

a

/

I

;l

I

i

:

j

, l,

s

aJ

along with the Memorandum of Appeal. In such event, the Appellate Authority under ESI Act is directed to consider and dispose of the said Appeal in accordance with law.

5.

There shall be no order as to costs. Pending miscellaneous applications if any shall stand closed.

//TRUE COPY//

SD/. I. NAGA LAKSHMI .

JO|NT REGTSTRAR //

,/(-?

SECTION OFFICER

To

1. The Additional Commissioner & Regional Director Appellate Authority at Hyderabad. (With Records, if any)

2. 'One CC to Sri. A. Satyavathi, Advocate [OPUC]

3. One CC to Sri. G Venkateshvarlu,Standing Counselfor ESIC IOPUC]

4. Two CD Copies

PR/Sa

t

,WI

t

:

f /

HIGH GOI'RT

DATED i11211212025