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2022 Supreme(SC) 1726

M. R. SHAH, M. M. SUNDRESH
Regional Director / Recovery Officer – Appellant
Versus
Nitinbhai Vallabhai Panchasara – Respondent


Advocates appeared:
Mr. Santosh Krishnan, Advocate, Mr. Yakesh Anand, Advocate, Ms. Sonam Anand, Advocate, For the Appellant.

ORDER

1. Though served, nobody has entered appearance on behalf of the respondent.

2. Leave granted.

3. We have heard Shri Santosh Krishnan, learned counsel appearing on behalf of the appellants at length.

4. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 03-02-2022 passed by the High Court of Gujarat at Ahmedabad in R/First Appeal No.297/2022, by which the High Court has dismissed the said appeal preferred by the appellant(s) herein and has not interfered with the order passed by the Employees State Insurance (ESI) Court restricting the levy of interest leviable under Section 39(5)(a) of the Employees State Insurance Act, 1948 (For short the 'the ESI Act') for two years only, the Employees State Insurance Corporation and another have preferred the present appeal.

5. The facts leading to the present appeal in nut-shell are as under -

6. That the Authority sent Demand Notice to the respondent demanding the amount of Rs.17,295/- for the period from April 1988 to April, 1990, and amount of Rs.4,195/- for the period from April, 1990 to September, 1990. Being aggrieved and dissatisfied with the said demand, the respondent filed ESI Application No.53 of 1991 befo

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