Bombay High Court
SUN-UP INDIA ENGINEERING INDUSTRIESversusEMPLOYEES STATE INSURANCE CORPORATION
- Decided
- Disposal
- Disposed Off
- Bench
- RAJESH S PATIL
Holding
The appeal is dismissed as infructuous.
Summary
Sun-Up India Engineering Industries appealed against Employees State Insurance Corporation (ESIC) alleging a contribution liability. The respondent contended that the contribution due had already been recovered, rendering the appeal moot. The appellant further informed the court that its proprietor had passed away. After hearing the counsel, the court held that the appeal had become infructuous due to the recovery of the contribution and the appellant's changed circumstances. Consequently, the appeal and all interim applications were disposed of.
Issues considered
- Whether the appeal is maintainable after the contribution due to ESIC has been recovered
- Whether the death of the appellant's proprietor affects the liability or the continuation of the appeal
Subjects
- Employees State Insurance Corporation
- contribution recovery
- appeal infructuous
- death of proprietor
- Civil Procedure
Judgment
2026:BHC-AS:5280
Diksha Rane 22 FA(ST) 23289 2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
22 FA(ST)/23289/2022
M/S SUN-UP (INDIA ENGINEERING INDUSTRIES
VS
EMPLOYEES STATE INSURANCE CORPORATION THROUGH ITS
REGIONAL DIRECTOR AND ORS
WITH
IA/9021/2024
M/S SUN-UP (INDIA ENGINEERING INDUSTRIES
VS
EMPLOYEES STATE INSURANCE CORPORATION THROUGH ITS
REGIONAL DIRECTOR AND ORS
WITH
IA/9020/2024
SUN-UP INDIA ENGINEERING INDUSTRIES
VS
EMPLOYEES STATE INSURANCE CORPORATION
------------
Adv. Gayatri Naik h/f. Adv. Samiksha Kanani for appellant.
Adv. Shailesh S. Pathak, for respondent – ESIC.
------------
CORAM : RAJESH S. PATIL, J.
DATE : 2 FEBRUARY 2026.
P.C. :
1) Mr. Pathak, learned counsel appearing for the respondent no.1
– Employees State Insurance Corporation submits that the amount of
contribution due towards the appellant has been recovered. Hence,
present first appeal has been worked out.
1
Diksha Rane 22 FA(ST) 23289 2022.doc
2) Ms. Naik, learned counsel appearing for the appellant submits
that the Proprietor of the appellant has also passed away.
3) In view of the statements made by learned counsel for the
parties, present first appeal stands disposed of as having become
infructuous.
4) In sequel, interim applications stand disposed of.
(Rajesh S. Patil, J.)
2
Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 02/02/2026 19:59:47
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