Shivalok Gas Services, Through Its Proprietor, v. Employees State Insurance Corporation,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8099 of 2021 ====================================================== Shivalok Gas Services, Sanjay Cinema Road, Brahampura, P.O. Brahampura, District- Muzaffarpur, State of Bihar through its Proprietor, namely Rita Singh, aged about 53 years, gender female, W/o Sri Ashok Ranjan, ... ... Petitioner

Versus

1.

Employees' State Insurance Corporation, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna - 800001, Bihar through its Regional Director. 2.

Regional Director, Employees' State Insurance Corporation, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna - 800001, Bihar. 3.

Authorised Officer, Employees' State Insurance Corporation, Regional Office (RO - Patna), Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna - 800001, Bihar.

4.

Recovery Officer - cum - Deputy Director, (Recovery), Employees' State Insurance Corporation, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna - 800001, Bihar.

5.

Assistant Director, Employees' State Insurance Corporation, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna - 800001, Bihar. 6.

Branch Manager, Employees' State Insurance Corporation, Branch Office, Muzaffarpur, State of Bihar.

7.

State Bank of India, MIT Muzaffarpur Branch, P.O. - Brahampura, DistrictMuzaffarpur, State of Bihar, through its Branch Manager. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Manish Kumar Jha, Advocate For the ESIC :

Dr. Anshuman, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-03-2021 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the respondents.

Learned counsel appearing on behalf of the petitioner would submit that the respondent-Authorized Officer has encashed the disputed amount and in view of the above, he

Patna High Court CWJC No.8099 of 2021(2) dt.26-03-2021 2/2 submits that the writ application may be disposed of with liberty to the petitioner to present its case before the Authorized Officer, who shall provide an opportunity of hearing to the petitioner and pass an appropriate order after hearing all the stakeholders.

Considering the aforesaid, the writ application is disposed of with a direction to the respondent-Authorized Officer to provide an opportunity of hearing to all the stakeholders and thereafter pass reasoned and speaking order within a period of three months from the date of receipt/ production of a copy of this order.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) BT/- U