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Bombay High Court

Tata Communications Ltd vs Employees State Insurance Corporation on 8 October, 2018

Author: Sadhana S. Jadhav

Bench: Sadhana S. Jadhav

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION
                                          
                         WRIT PETITION NO.1139 OF 2017
                                      WITH
                         WRIT PETITION NO.5055 OF 2015



         TATA Communications Limited           ....                Petitioner
                   Vs.
         Employees State Insurance Corporation ....                Respondent


         Mr. K.M. Naik, Senior Counsel a/w Mr. Kunal Kripalani I/by M/s 
         Mulla & Mulla & Craigie Blunt & Caroe for the Petitioner.

         Mr. H.V. Mehta for Respondent no.1.
         Ms. Vaishali Nimbalkar, AGP for the State. 

                                            Coram  : SMT. SADHANA S. JADHAV, J.
                                            Date     : 8th October 2018.

         P.C.:

         1               Heard respective counsel.

         2               The   learned   counsel   for   the   petitioner   in   Writ   Petition

No. 1139 of 2017 (disposed of by an order dated 11th July 2018) has filed a praecipe seeking extension of time to submit compilation of documents before the E.S.I. Court, where the matter is pending adjudication.

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         3               Today, the learned counsel for the petitioner has filed an

affidavit on behalf of the petitioner contending therein that since the records are voluminous, it would be necessary to compile the same and submit it to the Court. According to the learned counsel, they amount to reconciliation statements, which need to be consolidated and compile to assist the Court. Learned counsel initially has sought extension of two months to collate the documents and file a written statement. Learned counsel for the respondent has filed an affidavit contending therein that this is the second occasion, on which they are seeking extension of time to submit the documents. Learned counsel for the respondent has also submitted that the possibility that the documents would be fabricated cannot be ruled out in the eventuality that the time is extended.

4 Considered the affidavits of the parties, which are taken on record and exhibited accordingly. Learned counsel for the petitioner submits that this is the last occasion on which they are ::: Uploaded on - 10/10/2018 ::: Downloaded on - 11/10/2018 01:08:45 ::: Dusane 3/3 3 wp 1139,5055.doc seeking time and that they would not seek any further extension. Learned counsel for the petitioner, upon instructions, further submits that the petitioner would file the written statement alongwith compilation of documents within three weeks from today. 5 In the interest of justice, the time needs to be granted. Accordingly, prayer for seeking extension of time granted subject to the condition that it be filed within three weeks and by way of last chance.

6 The E.S.I. Court also shall not grant any further extension of time.

7 In view of above, the petitions stand disposed of.

(SMT. SADHANA S. JADHAV, J.) ::: Uploaded on - 10/10/2018 ::: Downloaded on - 11/10/2018 01:08:45 :::