Employees State Insurance Corporation v. M/S Bombay Rayon Fashions Ltd.,

NC:(2024:KHC:37535-DB( MFA(No.(1200(of(2018( C/W(MFA(No.(1158(of(2018( MFA(No.(1159(of(2018(( AND(36(OTHERS( ( (

IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(12 (DAY(OF(SEPTEMBER,(2024(

PRESENT( THE(HON'BLE(MR(JUSTICE(SREENIVAS(HARISH(KUMAR( (AND(( (THE(HON'BLE(MR(JUSTICE(UMESH(M(ADIGA( MISCELLANEOUS(FIRST(APPEAL(NO.(1200(OF(2018((ESI)( C/W( MISCELLANEOUS(FIRST(APPEAL(NO.(1158(OF(2018(( MISCELLANEOUS(FIRST(APPEAL(NO.(1159(OF(2018(( MISCELLANEOUS(FIRST(APPEAL(NO.(1160(OF(2018(( MISCELLANEOUS(FIRST(APPEAL(NO.(1161(OF(2018(( MISCELLANEOUS(FIRST(APPEAL(NO.(1162(OF(2018(( MISCELLANEOUS(FIRST(APPEAL(NO.(1163(OF(2018(( MISCELLANEOUS(FIRST(APPEAL(NO.(1164(OF(2018(( MISCELLANEOUS(FIRST(APPEAL(NO.(1165(OF(2018(( MISCELLANEOUS(FIRST(APPEAL(NO.(1166(OF(2018(( Digitallytisigned by0VEERENDRA MISCELLANEOUS(FIRST(APPEAL(NO.(1167(OF(2018(( KUMAR0K0M MISCELLANEOUS(FIRST(APPEAL(NO.(1168(OF(2018((Location:0HIGH COURT0OF MISCELLANEOUS(FIRST(APPEAL(NO.(1169(OF(2018((KARNATAKA MISCELLANEOUS(FIRST(APPEAL(NO.(1202(OF(2018(( MISCELLANEOUS(FIRST(APPEAL(NO.(1203(OF(2018(( MISCELLANEOUS(FIRST(APPEAL(NO.(1204(OF(2018(( MISCELLANEOUS(FIRST(APPEAL(NO.(1205(OF(2018(( MISCELLANEOUS(FIRST(APPEAL(NO.(1207(OF(2018(( MISCELLANEOUS(FIRST(APPEAL(NO.(1208(OF(2018(( MISCELLANEOUS(FIRST(APPEAL(NO.(1209(OF(2018((

MISCELLANEOUS FIRST APPEAL NO. 1210 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 1211 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 1361 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 1759 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 2011 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 2013 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 2015 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 3133 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 3134 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 3135 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 3136 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 3137 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 3138 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 3139 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 3203 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 3204 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 3205 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 3206 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 5880 OF 2018

In MFA No. 1200/2018

Represented by its The Deputy Director …Appellant

M/s Bombay Rayon Fashions Ltd., (Mill) No.144, Prestige Zone White Field, Bengaluru - 560 066 Represented by DGM-Accounts Sri S.Ganesh …Respondent (By Sri J.Kanakaraj, Advocate)

This MFA is filed u/s 82(2) of Employee State Insurance Act, against the Judgment and Order dated 18.11.2017 passed in ESI Application No.69/2015 on the file of the Employee State

In MFA No. 1158/2018

Off Ring Road (Near FTI) Represented by its The Deputy Director

M/s Bombay Rayon Fashion Ltd., Unit-7, #S-16, 17 & 35, 36 Arenahalli, Guddadhahalli KIADB Apparel Park Doddaballapura - 561 203 Represented by its Vice Chairman Sri Aman Janardhan Agarwal.

This MFA is filed u/s 82(2) of Employee State Insurance Act, against the Judgment and Order dated 28.12.2017 passed in ESI Application No.57/2015 on the file of the Employee State

In MFA No. 1159/2018

Off Ring Road (Near FTI) Represented by its The Deputy Director

M/s Bombay Rayon Fashion Ltd., Unit-3, Sy.No.53/10 Behind Swami Service Station

19th KM Madavara Post Madanayakanahalli, Tumkur Road, Bengaluru - 562123 Represented by its Vice Chairman

against the Judgment and Order dated 28.12.2017 passed in ESI Application No.54/2015 on the file of the Employee State

In MFA No. 1160/2018

Off Ring Road (Near FTI) Represented by its The Deputy Director

M/s Bombay Rayon Fashion Ltd., 193-P, Industrial Suburb, 3rd Phase, Peenya, Bangalore-560058. Represented by its Vice Chairman, Sri Aman Janardhan Agarwal.

This MFA is filed u/s 82(2) of Employee State Insurance Act, against the Judgment and Order dated 28.12.2017 passed in ESI Application No.39/2015 on the file of the Employee State

In MFA No. 1161/2018

Off Ring Road (Near FTI) Represented by its The Deputy Director

M/s Bombay Rayon Fashion Ltd., Unit - 6, No.19, 3rd Cross, Raghavendra Layout, Yeshwanthpura, Bengaluru-560022. Represented by its Vice Chairman

This MFA is filed u/s 82(2) of Employee State Insurance Act, against the Judgment and Order dated 28.12.2017 passed in ESI Application No.56/2015 on the file of the Employee State

In MFA No. 1162/2018

Off Ring Road (Near FTI) Represented by its The Deputy Director

M/s Bombay Rayon Fashion Ltd., Unit-4, No.471-D2, IV Phase, Peenya Industrial Area, Bengaluru-560058. Represented by its Vice Chairman, Sri Aman Janardhan Agarwal.

This MFA is filed u/s 82(2) of Employee State Insurance Act, against the Judgment and Order dated 28.12.2017 passed in ESI Application No.55/2015 on the file of the Employee State

In MFA No. 1163/2018

1.

Off Ring Road (Near FTI) Represented by its The Deputy Director

¶2Off Ring Road (Near FTI) Represented by the Recovery Officer ...Appellants

M/s Bombay Rayon Fashion Ltd., (United 11B), No.58, 4th Main, 2nd Cross, 3rd Phase, Peenya Industrial Area, Bengaluru - 560058, Represented by its Vice Chairman,

This MFA is filed u/s 82(2) of Employee State Insurance Act, against the Judgment and Order dated 28.12.2017 passed in ESI Application No.43/2015 on the file of the Employee State

In MFA No. 1164/2018

¶1Off Ring Road (Near FTI) Represented by its The Deputy Director

¶2The Recovery Officer, ...Appellants

M/s Bombay Rayon Fashion Ltd., Unit -9A, Plot No. SW52, Apparel Part, Industrial Area, 2nd Phase, Doddaballapur, Bengaluru - 561203. Represented by its Vice Chairman,

against the Judgment and Order dated 28.12.2017 passed in ESI Application No.38/2015 on the file of the Employee State

In MFA No. 1165/2018

Off Ring Road (Near FTI) Represented by its The Deputy Director

M/s Bombay Rayon Fashion Ltd., (Unit-4), No.471-D2, IV Phase, 2nd Phase, Peenya Industrial Area, Bengaluru-560058 Represented by its Vice Chairman,

against the Judgment and Order dated 28.12.2017 passed in ESI Application No.36/2015 on the file of the Employee State

In MFA No. 1166/2018

¶1Off Ring Road (Near FTI) Represented by its Director

¶2The Recovery Officer, ...Appellants

M/S Bombay Rayon Fashion Ltd., (Unit- -11A), 58, 4th Main, 2nd Cross, 3rd Phase, Peenya Industrial Area, Bengaluru-560058 Represented By its Vice Chairman,

against the Judgment and Order dated 28.12.2017 passed in ESI Application No.34/2015 on the file of the Employee State

In MFA No. 1167/2018

Off Ring Road (Near FTI) Represented by its Director

M/s Bombay Rayon Fashion Ltd., Unit-2A, No.57/A, 3rd Phase, Peenya Industrial Area, Bengaluru-560058 Represented by its Vice Chairman

against the Judgment and Order dated 28.12.2017 passed in ESI Application No.53/2015 on the file of the Employee State

In MFA No. 1168/2018

1.

Off Ring Road (Near FTI) Represented by its Director

¶2The Recovery Officer, Off Ring Road (near FTI) ...Appellants

M/s Bombay Rayon Fashion Ltd., Unit-11A, No.58 4th Main, 2nd Cross, 3rd Phase, Peenya Industrial Area, Bengaluru-560058 Represented by its Vice Chairman sri Aman Janardhan Agarwal

against the Judgment and Order dated 28.12.2017 passed in ESI Application No.42/2015 on the file of the Employee State

In MFA No. 1169/2018

Off Ring Road (Near FTI) Represented by its Director

M/s Bombay Rayon Fashion Ltd., (Unit-1), No. 57/A, 3rd Phase, Peenya Industrial Area Bengaluru - 560 058 Represented by its Vice Chairman Sri Aman Janardhan Agarwal.

against the Judgment and Order dated 28.12.2017 passed in ESI Application No.52/2015 on the file of the Employee State

In MFA No. 1202/2018

Represented by its Director

M/s Bombay Rayon Fashion Ltd., Unit-11A, 58, 4th Main, 2nd Cross, 3rd Phase, Peenya Industrial Area Bengaluru-560 058. Represented by Vice Chairman

against the Judgment and Order dated 18.11.2017 passed in ESI Application No.65/2015 on the file of the Employee State

In MFA No. 1203/2018

Represented by its The Deputy Director

¶1M/s Bombay Rayon Fashions Ltd., Unit-9, Plot No.SW52, Apparel Park, Industrial Area, 2nd Phase, Doddaballapura - 561 203 Represented by Vice Chairman

¶2The Director, Employees State Insurance Corporation, Regional Office (Karnataka) No.10, Binny Fields, Binnypet, Bengaluru-560023.

¶3The Recovery Officer, ...Respondents

against the Judgment and Order dated 18.11.2017 passed in ESI Application No.33/2015 on the file of the Employee State

In MFA No. 1204/2018

Represented by Deputy Director

M/s Bombay Rayon Fashions Ltd., No.288, 4th Phase, Peenya Industrial Area,

Bengaluru-560058 Represented by Vice Chairman

against the Judgment and Order dated 18.11.2017 passed in ESI Application No.32/2015 on the file of the Employee State

In MFA No. 1205/2018

¶1Represented by its Deputy Director

¶2The Recovery Officer, ...Appellants

M/s Bombay Rayon Fashions Ltd., Unit-1, No.57/A, 3rd Phase, Peenya Industrial Area Bengaluru-560058

Represented by Vice Chairman

against the Judgment and Order dated 18.11.2017 passed in ESI Application No.30/2015 on the file of the Employee State

In MFA No. 1207/2018

Represented by its Director

M/s Bombay Rayon Fashions Ltd., Unit 22 No.193-P, Industrial Suburb 3rd Phase, Peenya, Bengaluru-560 058 Represented by Vice Chairman

against the Judgment and Order dated 18.11.2017 passed in ESI Application No.63/2015 on the file of the Employee State

In MFA No. 1208/2018

Represented by its Deputy Director

M/s Bombay Rayon Fashions Ltd., Unit – 9, Plot No.SW52 Apparel Park, Industrial Area, 2nd Phase, Doddaballapura Bengaluru - 561 203 Represented by Vice Chairman

against the Judgment and Order dated 18.11.2017 passed in ESI Application No.31/2015 on the file of the Employee State

In MFA No. 1209/2018

Represented by its Director

M/s Bombay Rayon Fashion Ltd., Unit 10, N2, 4th Cross, 1st Stage, Peenya Industrial Area Bengaluru-560 058 Represented by Vice Chairman

against the Judgment and Order dated 18.11.2017 passed in ESI Application No.66/2015 on the file of the Employee State

In MFA No. 1210/2018

¶1Represented by its Deputy Director

¶2The Recovery Officer,

...Appellants

M/s Bombay Rayon Fashions Ltd., Unit-11 B, 58, 4th Main, 2nd Cross, 3rd Phase, Peenya Industrial Area, Bengaluru-560058. Represented by Vice Chairman

against the Judgment and Order dated 18.11.2017 passed in ESI Application No.64/2015 on the file of the Employee State

In MFA No. 1211/2018

Represented by The Deputy Director

M/s Bombay Rayon Fashions Ltd., (Unit 11A) 58, 5th Main, 2nd Cross, 3rd Phase, Peenya Industrial Area

Bengaluru-560 058 Represented by its Vice Chairman

against the Judgment and Order dated 18.11.2017 passed in ESI Application No.02/2016 on the file of the Employee State

In MFA No. 1361/2018

Represented by The Deputy Director

M/s. Bombay Rayon Fashion Ltd., Unit-14, 42/2-1, Industrial Suburb Yeshwanthpur, Bangalore-560022 Represented by its Vice Chairman

against the Judgment and Order dated 18.11.2017 passed in ESI Application No.03/2016 on the file of the Employee State

In MFA No. 1759/2018

Represented by The Assistant Director

M/s Bombay Rayon Fashion Ltd., Unit-13-A, 505, 12th Mile Mysore Road, Bengaluru-560 060 Represented by its Sri S.Ganesh, DGM Accounts

against the Judgment and Order dated 28.12.2017 passed in ESI Application No.74/2015 on the file of the Employee State

In MFA No. 2011/2018

Represented by The Deputy Director

M/s Bombay Rayon Fashion Ltd., (Unit-19) No.320, Opp:BHEL Mysore Road, Bengaluru-560026 Represented By Vice Chairman,

against the Judgment and Order dated 30.01.2018 passed in ESI Application No.62/2015 on the file of the Employee State

In MFA No. 2013/2018

¶1Panchadeep Bhavan, No.10, Binnypet, Binny Fields, Bengaluru-560023. Represented by The Assistant Director

¶2The Recovery Officer, Panchadeep Bhavan, No.10, Binnypet, Binny Fields, Bengaluru-560023. Represented by The Recovery Officer ...Appellants

M/s Bombay Rayon Fashion Ltd., (Unit-8), Plot No. 27/A, Bidadi Industrial Area, KIADB, Bidadi Post, Ramanagara-562 109, Represented by its Associate Vice President HR & Compliance Smt. Nirmala Rani.

against the Judgment and Order dated 30.01.2018 passed in ESI Application No.71/2016 on the file of the Employee State

In MFA No. 2015/2018

¶1Panchadeep Bhavan, No.10, Binnypet, Binny Fields, Bengaluru-560023. Represented by The Assistant Director

¶2Panchadeep Bhavan, No.10, Binnypet, Binny Fields, Bengaluru-560023. Represented by The Recovery Officer ...Appellants

M/s Bombay Rayon Fashion Ltd., (Unit-8), Plot No. 27/A, Bidadi Industrial Area, KIADB, Bidadi Post, Ramanagara-562 109, Represented by its Associate Vice President HR & Compliance Smt. Nirmala Rani.

against the Judgment and Order dated 30.01.2018 passed in ESI Application No.78/2016 on the file of the Employee State

In MFA No. 3133/2018

Sub Regional Office 3rd Cross, Off Ring Road, Industrial Suburb, Yeshwanthpura, Bengaluru - 560 022. Represented by its Assistant Director

M/s Bombay Rayon Fashions Ltd., Unit -14, No.42/2-1, Industrial Suburb Yeshwanthpura, Bengaluru-560 022 Represented by its Vice Chairman

against the Judgment and Order dated 30.01.2018 passed in ESI Application No.60/2015 on the file of the Employee State

In MFA No. 3134/2018

Represented by its Assistant Director

M/s Bombay Rayon Fashions Ltd., (Unit-3), Sy No.53/10, Behind Swami Service Station 19th K.M., Madavara Post, Madanayakanahalli Tumkur Road, Bengaluru-562133. Represented by its Vice-Chairman

against the Judgment and Order dated 30.01.2018 passed in ESI Application No.35/2015 on the file of the Employee State

In MFA No. 3135/2018

¶1The Director Represented by its Assistant Director

¶2The Recovery Officer Employees State Insurance Corporation, Harini Towers, 3rd Main, Yeshwanthpura, Bengaluru-560 022 ...Appellants

M/s Bombay Rayons Fashions Ltd., Unit 14, NO.42/2-1, Industrial Suburb, Yeshwanthpura, Bengaluru-560022 Represented by Vice Chairman,

against the Judgment and Order dated 30.01.2018 passed in ESI Application No.70/2015 on the file of the Employee State

In MFA No. 3136/2018

Sub Regional Office 3rd Cross, Off Ring Road, Industrial Suburb, Yeshwanthpura, Bengaluru - 560 022. Represented by its Assistant Director

M/S Bombay Rayons Fashions Ltd., Unit-16, No.72/2, S.R.S. Road, Peenya Village, Bengaluru-560 058 Represented by its Vice Chairman

against the Judgment and Order dated 30.01.2018 passed in ESI Application No.61/2015 on the file of the Employee State

In MFA No. 3137/2018

3rd Cross, Off Ring Road, Industrial Suburb, Yeshwanthpura, Bengaluru - 560 022.

Represented by its Assistant Director

M/s Bombay Rayons Fashions Ltd., Unit 9A, Plot No.SW52, Apparel Park, Industrial Area, 2nd Phase, Doddaballapura, Bengaluru-561203 Represented by Associate Vice Chairman

against the Judgment and Order dated 30.01.2018 passed in ESI Application No.58/2015 on the file of the Employee State

In MFA No. 3138/2018

Sub Regional Office 3rd Cross, Off Ring Road, Industrial Suburb, Yeshwanthpura, Bengaluru - 560 022. Represented by its Assistant Director

AND:

M/s Bombay Rayons Fashions Ltd., Unit-12, No.85/0, 2nd Stage, Industrial Suburb, Yeshwanthpura Bengaluru-560 022

Represented by its Vice Chairman

against the Judgment and Order dated 30.01.2018 passed in ESI Application No.59/2015 on the file of the Employee State

In MFA No. 3139/2018

Represented by its Assistant Director

M/s. Bombay Rayon Fashions Ltd., (Unit-7), #S-16, 17 & 35, 36, Arenahalli, Guddadhahalli, KIADB Appeal Park, Doddaballapura-561 203, Represented by its Associate Vice President HR & Compliance Smt. Niramala Rani

against the Judgment and Order dated 30.01.2018 passed in ESI Application No.05/2016 on the file of the Employee State

In MFA No. 3203/2018

¶1Sub Regional Office 3rd Cross, Off Ring Road, Industrial Suburb, Yeshwanthpura, Bengaluru - 560 022. Represented by its Assistant Director

¶2The Recovery Officer Employees State Insurance Corporation, Regional Officer, SRO Peenya, Bangalore North (Peenya), Harini Towers, 3rd Main, 3rd Cross, Industrial Suburb, Yeshwanthpura, Bengaluru-560 022. ...Appellants

M/s Bombay Rayon Fashions Ltd., Unit-12, No.85/P, 1st Stage, Industrial Suburb, Yeshwanthpura, Bengaluru-560 022, Represented by Associate Vice President HR & Compliance Smt. Nirmala Rani.

against the Judgment and Order dated 30.01.2018 passed in ESI Application No.73/2016 on the file of the Employee State

In MFA No. 3204/2018

¶1Sub Regional Office 3rd Cross, Off Ring Road, Industrial Suburb, Yeshwanthpura, Bengaluru - 560 022. Represented by its Assistant Director

¶2The Recovery Officer Employees State Insurance Corporation, Regional Officer, SRO Peenya, Bangalore North (Peenya), Harini Towers, 3rd Main, 3rd Cross, Industrial Suburb, Yeshwanthpura, Bengaluru-560 022. ...Appellants

M/s Bombay Rayon Fashions Ltd., Unit-6, No.19, 3rd Cross, Raghavendra Layout, Yeshwanthpura, Bengaluru-560 022, ESI Code No. 49490199600040108. Represented by Vice Chairman,

against the Judgment and Order dated 30.01.2018 passed in ESI Application No.37/2015 on the file of the Employee State

In MFA No. 3205/2018

¶1Sub Regional Office 3rd Cross, Off Ring Road, Industrial Suburb, Yeshwanthpura, Bengaluru - 560 022. Represented by its Deputy Director

¶2The Recovery Officer Employees State Insurance Corporation, Regional Officer, SRO Peenya, Bangalore North (Peenya), Harini Towers, 3rd Main, 3rd Cross, Industrial Suburb, Yeshwanthpura, Bengaluru-560 022. ...Appellants

M/s Bombay Rayon Fashions Ltd., Unit-12, No.42/2-1, Industrial Suburb, Yeshwanthpura, Bengaluru-560 022, Represented by Associate Vice President HR & Compliance Smt. Nirmala Rani.

against the Judgment and Order dated 30.01.2018 passed in ESI Application No.77/2016 on the file of the Employee State

In MFA No. 3206/2018

Sub Regional Office 3rd Cross, Off Ring Road, Industrial Suburb, Yeshwanthpura, Bengaluru - 560 022. Represented by its Assistant Director

M/s Bombay Rayons Fashions Ltd., (Unit-11A) No.58, 4th Main, 2nd Cross, 3rd Phase, Peenya Industrial Area, Bengaluru - 560 058 ESI Code No. 49000158200000199 Represented by Associate Vice President HR & Compliance Smt. Nirmala Rani.

against the Judgment and Order dated 30.01.2018 passed in ESI Application No.76/2016 on the file of the Employee State

In MFA No. 5880/2018

3rd Cross, Off Ring Road, Industrial Suburb, Yeshwanthpura, Bengaluru - 560 022. Represented by its the Director

M/s Bombay Rayon Fashion Ltd., Unit-2A, No.57/A Peenya Industrial Area Bengaluru-560058 Represented by Vice President HR & Compliance Smt. Nirmala Rani

This MFA is filed u/s 82(2) of Employee State Insurance Act, against the Judgment and Order dated 16.03.2018 passed in ESI Application No.7/2017 on the file of the Employee State

These MFAs, coming on for orders, this day, order was made therein as under:

CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR and HON'BLE MR JUSTICE UMESH M ADIGA

ORAL ORDER (PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR)

Appellants' counsel has filed a memo stating that, since the respondent has filed insolvency proceedings in case No. CP (IB) 1443/MB-IV/2020, in view of moratorium under section 14(1) of IB Code 2016, institution or continuation of proceedings against corporate debtor is not permitted and therefore the appellants want to withdraw the appeal. Liberty is sought to prosecute the claim in insolvency proceedings. Memo is placed on record. Appeals are dismissed granting liberty to prosecute the claim in the insolvency proceedings.

Sd/- (SREENIVAS HARISH KUMAR) JUDGE

Sd/- (UMESH M ADIGA) JUDGE

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