Bombay High Court
ALLIANCE FABTECH PVT LTDversusEMPLOYEES STATE INSURANCE CORPORATION AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The order dated 20 April 2026 is set aside as it violated the principles of natural justice, and the matter is remanded for fresh adjudication.
Summary
Alliance Fabtech Pvt. Ltd. filed a writ petition challenging an order dated 20 April 2026 of the Appellate Authority, alleging a violation of natural justice because notice of the proceedings could not be served due to demolition of the old structure. The Respondent, Employees’ State Insurance Corporation, argued that the petitioner should be given a fresh opportunity of hearing and that the proceedings be re‑adjudicated. The Court held that the failure to serve notice amounted to a breach of natural justice and set aside the impugned order. The recovery notice dated 5 June 2026 was also set aside. The petitioner was directed to appear before the Appellate Authority on 5 October 2026 to apply for fixation of hearing dates, without the need for further notice. All parties' rights and contentions were kept open for determination on the merits in the remanded appeal.
Issues considered
- Whether the failure to serve notice on the petitioner amounted to a violation of the principles of natural justice
- Whether the order dated 20 April 2026 should be set aside and the proceedings remanded for fresh hearing
Subjects
- natural justice
- notice
- appellate authority
- writ petition
- ESIC
- remand
Judgment
k 1/2 12 wp 11552.26 as.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11552 OF 2026
M/s. Alliance Fabtech Pvt. Ltd. ....Petitioner
V/S
Employees’ State Insurance Corporation & Ors. ....Respondents
_________
Ms. Samiksha Kanani with Ms. Latika Yadav for the Petitioner.
Mr. Anand Kulkarni for Respondent Nos.1 to 5/State.
__________
CORAM : SANDEEP V. MARNE, J.
DATE : 17 SEPTEMBER 2026.
P.C.:
1. One of the grounds on which the impugned order dated 20 April
2026 is challenged is violation of principles of natural justice.
2. Mr. Kulkarni, the learned counsel appearing for the Respondent-
ESIC fairly submits that notice of the proceedings could not be served on
the Petitioner on account of demolition of the old structure. He submits
that the Appellate Authority will grant a fresh opportunity of hearing to
the Petitioner and conduct re-adjudication of the proceedings.
3. Accordingly, order dated 20 April 2026 passed by the Appellate
Authority is set aside. Petitioner shall appear before the Appellate
Authority on 5 October 2026 and apply for fixation of dates of hearing in
the Appeal. It is clarified that it would not be necessary to issue any
notice to the Petitioner in the remanded Appeal proceedings.
katkam Page No. 1 of 2
k 2/2 12 wp 11552.26 as.doc
4. Since the main order dated 20 April 2026 is set aside, nothing
survives in Recovery Notice dated 5 June 2026 and the same is also set
aside.
5. All rights and contentions of parties are expressly kept open. The
Appellate Authority shall decide the proceeding on its own merits. In the
remanded Appeal the Petitioner shall place on record before the
Appellate Authority its correct address.
(SANDEEP V. MARNE, J.)
katkam
Signed by: Sudarshan R. Katkam Page No. 2 of 2
Designation: PS To Honourable Judge
Date: 18/09/2026 11:10:27
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