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Bombay High Court

EMPLOYEES STATE INSURANCE CORPORATIONversusRAJESH SHARMA

Decided
Disposal
Disposed Off

Holding

The interim application is disposed, NBCC is added as Respondent No.3, and re‑verification is dispensed with.

Summary

The petitioner, Rajesh Sharma, filed a contempt petition against the Employees' State Insurance Corporation (ESIC). ESIC filed an affidavit-in-reply and an interim application seeking to implead National Building Construction Company (India) Ltd (NBCC) as a third respondent. The court disposed of the interim application, permitting the addition of NBCC as Respondent No.3 and dispensing with re‑verification. The Additional Solicitor General indicated that instructions would be taken regarding the timeline for completing a hospital construction for ESIC employees. The court ordered that the petition be listed on 1 September 2026 in the Urgent Supplementary Board.

Issues considered

  • Whether NBCC can be impleaded as a third respondent in the contempt petition
  • Procedural propriety of dispensing with re‑verification
  • Timeline for completion and functional handover of the hospital to ESIC

Subjects

  • contempt petition
  • impleadment
  • third party
  • hospital construction
  • ESIC
  • NBCC
  • urgent supplementary board

Judgment

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

             CONTEMPT PETITION NO.436 OF 2026
Rajesh Sharma                              .. Petitioner
      Vs.
ESI Corporation, Mumbai
Through the Director General and Ors.      .. Respondents
                        ALONG WITH
         INTERIM APPLICATION (STAMP) NO.24930 OF 2026
Employees’ State Insurance Corporation, Mumbai               .. Applicant


Mr. Rahul Kamerkar, Advocate for the Petitioner.
Mr. Shailesh S. Pathak, Advocate for Respondent Nos.1 and 2 – ESIC.
Mr. Anil Singh, Additional Solicitor General for the Respondent-UOI.



                        CORAM :         RAVINDRA V. GHUGE, ACJ. &
                                        GAUTAM A. ANKHAD, J.
                        DATE      :     25th August, 2026.

P.C. :


1.               The learned advocate representing the ESIC, has filed an

affidavit-in-reply, as also an Interim Application praying for impleading

the ‘National Building Construction Company (India) Ltd’. (NBCC)

which is a Central Government PSU.



2.               In view of the above, Interim Application (Stamp)

No.24930 of 2026 is disposed off. The Petitioner is permitted to array


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927-CP-436-2025.odt                                                         Dixit
                     ‘NBCC (India) Limited’, through its General Manager, 406, Arun

                     Chambers, Tardeo Main Road, Mumbai – 400 034, as Respondent No.3.

                     Addition be carried out forthwith. Re-verification is dispensed with.



                     3.              The learned Additional Solicitor General of India,

                     Shri Singh, graciously submits that he would take instructions in this

                     matter keeping in view that a larger object of catering to the health of the

                     ESIC employees is at issue. He submits that the instructions would be

                     taken as to the period within which the construction of the hospital can

                     be completed.



                     4.              The learned advocate for the ESIC submits that within one

                     month after the completion of the construction and handing over of the

                     hospital to the ESIC, the hospital would become functional.



                     5.              In view of the above, list this Petition on 1st September,

                     2026 in the ‘Urgent Supplementary Board’.




                     [ GAUTAM A. ANKHAD, J. ]                   [ ACTING CHIEF JUSTICE ]




        Digitally
        signed by
SNEHA   SNEHA
        ABHAY DIXIT
                                                          2/2
ABHAY   Date:
                    927-CP-436-2025.odt                                                       Dixit
DIXIT   2026.08.27
        11:05:59
        +0530


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