High Court of Gujarat

EMPLOYEES STATE INSURANCE CORPORATIONversusAMBALAL SARABHAI ENTERPRISES LIMITED

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: C DOSHI

Holding

The court condoned the delay and allowed the appellant to withdraw the appeal, disposing of it as withdrawn without examining the merits.

Summary

The Employees State Insurance Corporation filed an application for condonation of delay in preferring the main matter against Ambalal Sarabhai Enterprises Ltd and another. The respondents deposited the demanded amount with objection, prompting the appellant to seek permission to withdraw the appeal. The court examined the application, condoned the delay, and granted permission for the appellant to withdraw the appeal. It clarified that it had not examined the merits of the underlying dispute. Consequently, the appeal was disposed of as withdrawn and the registry was directed to return any records to the concerned court.

Issues considered

Whether the delay in preferring the main matter should be condoned.
Whether the appellant may withdraw the appeal after the respondent has deposited the demanded amount.

Subjects

condonation of delaywithdrawal of appealcivil procedureHigh Court of Gujaratprocedural order

Judgment

    C/CA/5717/2024                                      ORDER DATED: 20/07/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5717 of
                            2024

                       In R/FIRST APPEAL/3290/2026

                                 With
                     R/FIRST APPEAL NO. 3290 of 2026
==========================================================
           EMPLOYEES STATE INSURANCE CORPORATION
                            Versus
          AMBALAL SARABHAI ENTERPRISES LIMITED & ANR.
==========================================================
Appearance:
MR.KRUTARTH K PANDYA(7092) for the Applicant(s) No. 1
MS.PRAVALIKHA BATHHINI, GANDHI LAW ASSOCIATES(12275) for
the Respondent(s) No. 1,2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                            Date : 20/07/2026

ORDER IN CA



     Considering the averments made in the application, the
same is allowed and delay caused in preferring main matter
stands condoned. Rule made absolute to the aforesaid extent.


ORDER IN FA

     Learned advocate Ms.Pravalikha Bathhini for gandhi law
associates states at bar that the amount has been deposited with
objection and for that she has placed communication, which is
taken on record.


     Under       the   circumstances,         learned     advocate        for     the



                                Page 1 of 2
              C/CA/5717/2024                                                           ORDER DATED: 20/07/2026




     appellant, under the instructions, seeks permission to withdraw
     present appeal on the ground that the respondent has deposited
     the amount, which has been demanded by way of notice.
     Permission granted.                            The appeal stands disposed of as
     withdrawn.


                It is clarified that this Court has not examined the merits
     of the matter.


                Registry is directed to return back the R & P, if any, to
     the concerned Court forthwith.




                                                                                                     (J. C. DOSHI,J)
     SHEKHAR P. BARVE



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 20/07/2026 14:26:49




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