Bombay High Court

REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, MUMBAIversusM/S. SANJAY MAINTENANCE SERVICES PVT. LTD., MUMBAI

Decided: 28 January 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

The appeal is disposed, with the direction that if the damages have been deposited as per the ESI Court order the appeal stands withdrawn, otherwise the corporation may recover the amount.

Summary

The Regional Director of the Employees' State Insurance Corporation appealed against a damages order of the ESI Court, invoking the 2025 Amnesty Scheme which mandates withdrawal of an appeal once the ordered damages are paid. The respondent, M/s. Sanjay Maintenance Services, claimed to have deposited the damages, but no record was produced. The court directed both parties to verify whether the amount had indeed been deposited and, if so, to confirm it was in accordance with the ESI Court order, with any excess to be refunded. If the deposit was made, the appeal would be withdrawn; if not, the corporation could recover the amount from the respondent. The court ordered the respondent to file a Vakalatnama within a week and disposed of the appeal on these terms.

Issues considered

Whether the appeal should be withdrawn under the 2025 Amnesty Scheme upon payment of the damages ordered by the ESI Court
Whether the respondent has actually deposited the damages with the ESI Court or the corporation
What procedure should be followed to verify the deposit and handle any excess amount

Subjects

Amnesty Scheme 2025
appeal withdrawal
damages payment
Employees' State Insurance Corporation
deposit verification
recovery of amount

Judgment

2026:BHC-AS:4175
                   Sayyed                                                      32-FA.269.2021.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                      FIRST APPEAL NO.269 OF 2021

                   The Regional Director, Employees'
                   State Insurance Corporation                  ...Appellant
                          Versus
                   M/s. Sanjay Maintenance
                   Services Pvt. Ltd., Mumbai                   ...Respondent
                         _____________________________________________________
                   Ms. Seema K. Chopda for the Appellant.
                   Ms. Samiksha Kanani a/w Ms. Gayatri Naik & Ms. Sumandevi Yadav for
                   the Respondent.
                         _____________________________________________________

                                                 CORAM :         JITENDRA JAIN, J.
                                                 DATE        :   28 JANUARY 2026
                   P.C.:

                   1.       As per the Amnesty Scheme of 2025, if the Corporation has
                   filed an appeal before the Higher Court challenging damages ordered by
                   the Employees’ State Corporation Court (ESI Court) and the damages
                   have been paid, the appeal filed by the Corporation would be
                   withdrawn after realising the amount of the damages as ordered by the
                   ESI Court.


                   2.       In this case, Ms. Kanani appearing for the respondent states
                   that they have deposited the amount of damages in the ESI Court.
                   However, there is nothing on record to show that. Therefore, the
                   appellant-Corporation and the respondent to verify whether any
                   amount has been deposited and if yes, same is in accordance with the
                   order of the ESI Court. Any excess will have to be refunded back to the
                   respondent.




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                               Sayyed                                                       32-FA.269.2021.doc


                               3.        If the amount as per the ESI Court has been deposited then
                               the present appeal will stand withdrawn. There is some dispute as to
                               whether the amount has been deposited with the ESI Court or with the
                               appellant-Corporation. Both the parties to sit and get this verify. If the
                               amount is not deposited then the appellant-Corporation is at liberty to
                               recover the amount from the respondent.


                               4.        Ms. Samiksha to file Vakalatnama within one week from
                               today.


                               5.        The appeal is disposed of in above terms.



                                                                             [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 28/01/2026 18:26:00                                        2 of 2

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