MOTOR & GENERAL FINANCE LIMITED vs DIRECTOR GENERAL & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 09.12.2025 Judgment pronounced on:15.12.2025 + REVIEW PET. 615/2025 in FAO 62/2018, CM APPL. 77636/2025 MOTOR & GENERAL FINANCE LIMITED .....Appellant Through: Mr. J.P. Singh, Sr. Advocate alongwith Mr. Sunil Magon, Advocate. versus DIRECTOR GENERAL & ANR .....Respondents Through: CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This petition under Order XLVII Rule 1 read with Sections 114 and 115 of the Code of Civil Procedure, 1908, has been filed by the appellant for reviewing the judgment dated 28.11.2025 in FAO 62/2018. The review petitioner, the appellant in the first appeal, was the petitioner before the Employees Insurance Court (the EIC). The appeal was filed by the appellant, challenging the judgment in ESI No. 72/16/05, whereby his petition filed under Signature Not Verified REV.PET. 615/2025 Page 1 of 6 Signed By:KOMAL DHAWAN Signing Date:15.12.2025 14:49:06 Section 75 of the ESI Act was dismissed on the ground that the petitioner failed to prove its claims and its own evidence showed liability under the Employees’ State Insurance Act, 1948 (the ESI Act). The appeal has been dismissed, holding that no substantial question of law arose under Section 82(2) of the ESI Act, and that the petitioner failed to prove that the ESI Act did not apply to them. 2. According to the review petitioner, there are errors apparent on the face of the record in the impugned judgment 28.11.2025, warranting review in interest of justice. There were material statutory amendments in Section 45A of the ESI Act, which barred the respondent from raising any contribution demand beyond five years. Under Regulation 32 of the Employees’ State Insurance (General) Regulations, 1950 (the ES