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Bombay High Court

M/S HEAVEN DIAMONDS PVT LTDversusTHE DY REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION...

Decided
Disposal
Disposed Off

Holding

The court held that the erroneous reference to “First Appeals” should be read as “Interim Applications” and accordingly the interim applications are disposed of.

Summary

The Employees State Insurance Corporation (ESIC) filed interim applications (Nos. 5194 and 5195 of 2026) in the High Court of Bombay relating to First Appeals Nos. 592 and 593 of 2014. The applicant’s counsel observed that the order dated 23 July 2026 mistakenly recorded that “Both the captioned First Appeals are disposed of”. The court examined the objection and accepted that the wording was erroneous. It directed that the original order be read to state that “Both the captioned Interim Applications are disposed of”. No substantive merits of the appeals were addressed; the order was limited to correcting the record. Consequently, the two interim applications were deemed disposed of.

Issues considered

  • Whether the wording of the order should be corrected to reflect disposal of the interim applications rather than the appeals

Subjects

  • interim application
  • procedural order
  • record correction
  • High Court
  • ESIC
  • civil procedure

Judgment

                                                         1/1                  P-4-IA-5195-2026.DOC



         Digitally                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         signed by
         MOHAMMAD
MOHAMMAD AREEB
AREEB    MOHD
                                          CIVIL APPELLATE JURISDICTION
MOHD     AKBAR
AKBAR    Date:
         2026.07.28
         10:38:28
                                    INTERIM APPLICATION NO. 5195 OF 2026
         +0530
                                                         IN
                                          FIRST APPEAL NO. 593 OF 2014
                                                       WITH
                                    INTERIM APPLICATION NO. 5194 OF 2026
                                                         IN
                                          FIRST APPEAL NO. 592 OF 2014


                 Employees State Insurance Corporation                                 ...Applicant
                         Versus
                 M/s Heaven Diamonds Pvt. Ltd.                                         ...Respondent
                                                      _______
                 Mr. Shailesh S. Pathak for Applicant-ESIC.
                                                      _______
                                            CORAM         :     ARIF S. DOCTOR, J.
                                            DATE          :     27th JULY, 2026
                 P.C.
                 1.      Not on Board. Mentioned. Taken on Board Speaking to the Minutes of

                 Order dated 23rd July, 2026. Learned counsel submits that notice of this

                 mentioning has been given to the other side. Statement is accepted.

                 2.      Learned counsel points out that paragraph no. 4 of the Order dated 23 rd

                 July, 2026 incorrectly records that “Both the captioned First Appeals are

                 disposed of”, the same should be read as “Both the captioned Interim

                 Applications are disposed of”.

                 3.      The Original Order dated 23rd July, 2026 shall be read accordingly.




                                                                  [ARIF S. DOCTOR, J.]



                 Areeb


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