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2019 Supreme(Del) 549

MUKTA GUPTA
Regional Director Esic – Appellant
Versus
AK. Motor Workshop – Respondent


Advocates Appeared:
A.K. Verma, Adv.

JUDGMENT :

MUKTA GUPTA, J.

1. Crl. M.A. No. 9130/2019 (Exemption)

Exemption allowed subject to just exceptions.

Crl.M.A. No. 9131/2019 (Delay)

For the reasons stated in the application delay of 131 days in re-filing the leave to appeal petition is condoned.

Application is disposed of.

CRL.L.P. 292/2019 & Crl.M.A. 9129/2019 (for additional documents)

1. Aggrieved by the judgment dated 29th November 2017, whereby the learned Metropolitan Magistrate acquitted the respondent for the offences punishable under Sections 85 (a) and (e) of the Employee State Insurance Act (in short 'ESIC Act'), the petitioner/complainant has preferred the present leave petition.

2. Briefly stated, the case of the complainant as per the complaint is that the complainant company is a statutory body constituted under the Employees State Insurance Act and its Insurance Inspector has been authorized by the said corporation to institute in the name of the Corporation, suits and other legal proceedings necessary in the interest of the Corporation, and to defend any such proceedings instituted against the Corporation in all Courts or Tribunals including those established under the Employees State Insurance Act and to repr











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