MOTOR & GENERAL FINANCE LIMITED vs DIRECTOR GENERAL & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 13.11.2025 Judgment pronounced on:28.11.2025 + FAO 62/2018 & CM APPLs. 5963/2018, 5965/2018, 33919/2019 MOTOR & GENERAL FINANCE LIMITED .....Appellant Through: Mr. J.P. Sengh, Sr. Advocate alongwith Mr. Sunil Magon, Advocate Versus DIRECTOR GENERAL & ANR .....Respondents Through: Mr. K.P. Mavi, Advocate alongwith Mr. Arvind Kumar Bansal, Advocate CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. The present appeal under Section 82(2) of the Employees’ State Insurance Act, 1948 (the ESI Act), has been filed by the petitioner in ESI No. 72/16/05 on the file of SCJ-cum-RC, Central District, Tis Hazar Courts, Delhi, challenging the judgment dated 16.01.2017 whereby his petition filed under Section 75 of the ESI Act has been dismissed. The parties in this appeal will be referred Signature Not Verified FAO 62/2018 Page 1 of 10 Signed By:KOMAL DHAWAN Signing Date:28.11.2025 11:06:39 to as described in the original proceedings. 2. Brief facts of the case are as follows:- The petitioner is a Public Limited Company incorporated under the Companies Act, 1913, which carried out the business of hire purchase between 02.10.1998 and 30.04.1989. A show cause notice dated 19.09.1989 was issued to the petitioner by the office of the respondents to deposit an amount of ₹51,567 towards ESI Contribution for the period between 02.10.1998 and 30.04.1989. The petitioner replied on 22.09.1989, stating that the Company was not covered under the ESI Act. The respondents passed an Order dated 07.07.1993, wherein it upheld the contribution demand. The said order was challenged by the petitioner before this Court by way of Writ Petition No. 4110/1993, which was disposed of vide order dated 21.07.20