M/S Adarsh Life Care Hospital Pvt. Ltd. v. Employees State Insurance Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19056 of 2018 ====================================================== M/s Adarsh Life Care Hospital Pvt. Ltd. Represented through its Director namely Ajay Kumar, S/o Late Biltu Tanti, address at 90 feet Road, Janki Nagar, Hanuman Nagar, Patna-20, permanent resident of House No. 101 Block B Ganesh Tower, P.S. Agamkuan, District- Patna. ... ... Petitioner/s

Versus

1.

Employees State Insurance Corporation, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna- 1.

2.

Regional Director, E.S.I.C., Panchdeep Bhawan, J.L.N. Marg, Patna- 1. 3.

Deputy Director cum authorized officer, E.S.I.C., Panchdeep Bhawan, J.L.N. Marg, Patna- 1.

4.

Assistant Director, E.S.I.C., Panchdeep Bhawan, J.L.N. Marg, Patna- 1. 6.

The Branch Manager, HDFC Bank, Kankarbagh Branch, B/33 Binodini Sadan, Patrakar Nagar, Kankarbagh, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Gupta with Mr. Baban Kumar, Advocates For the ESIC :

Dr. Anshuman with Mr. Sanjay Kumar, Advocates For the HDFC Bank :

Mr. Girijesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) Date : 21-12-2021 Heard learned counsel for the parties.

Admittedly, appeal is maintainable against the order passed under Section 45-A of the E.S.I. Act, 1948 (hereinafter referred to as the 'Act'). The petitioner has approached this Court by way of this writ petition at the stage of execution of the order passed under Section 45-A of the Act.

Patna High Court CWJC No.19056 of 2018 dt.21-12-2021 2/2 Yet we feel, he can be given liberty to file an appeal before the Appellate Authority. This proposal is acceptable to him. He thus submits that he may be allowed to withdraw this petition with liberty to file an appeal along with the appropriate application.

Permission granted.

The writ petition is dismissed as withdrawn with liberty aforesaid.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) Anjani/- AFR/NAFR CAV DATE N.A.

Uploading Date 22.12.2021 Transmission Date N.A.