M/S Deonandan Constructions Pvt. Ltd. v. The Regional Director, Employees State Insurance Corporation

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11 of 2023 ====================================================== 1.

M/s Deonandan Constructions Pvt. Ltd. through its director Ashok Kumar, S/o Late Kameshwar Prasad having it registered address at 3-E/284, New Patliputra Colony, District - Patna, Bihar - 800013. 2.

Ashok Kumar, S/o Late Kameshwar Prasad, R/o Deolok Apartment, Flat No. 501, Road No. 3 E, New Patliputra Colony, P.S. - Patliputra, Patliputra Colony, Phulwari, Patna, Bihar - 800013.

3.

Prashant Prasanna, S/o Kunwar Singh, R/o Flat No. 501, Sharan Complex, Near H P Petrol Pump, P.S. - Patliputra, Sadaquat Ashram, Patna, Bihar - 800010.

4.

Annpurna Super Market through its Partner Prashant Prasanna, S/o Kunwar Singh, Aged about - 45 years, Male, R/o Flat No. 501, Sharan Complex, Near H P Petrol Pump, P.S.- Patliputra, Sadaquat Ashram, Patna, Bihar - 800010.

... ... Petitioner/s

Versus

1.

The Regional Director, Employees State Insurance Corporation Regional Office, Bihar, Panchdeep Bhawan, Bailey Road, Opp. C.R. Building, Patna - 800001.

2.

The Deputy Director (Authorized Officer), Employees State Insurance Corporation, Regional Office, Bihar, Panchdeep Bhawan, Bailey Road, Opp. C.R. Building, Patna - 800001.

3.

The Deputy Director (Recovery Officer), Employees State Insurance Corporation, Regional Office, Bihar, Panchdeep Bhawan, Bailey Road, Opp. C.R. Building, Patna - 800001.

4.

Industrial Credit and Investment Corporation Of India (ICICI Bank) through its Chairman having head Office at 9th Floor South Towers, ICICI Towers, Bandra Kurla Complex, Bandra East, Mumbai.

5.

The Branch Manager, Industrial Credit and Investment Corporation of India (ICICI Bank) Kurji Branch 102, Sharan Complex, Near HP Petrol Pump, Sadakat Ashram, Kurji, Patna - 800010.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Puneet Siddhartha, Advocate For respondent no. 1-3 :

Mr. Ashish Kumar Sinha, Advocate Ms. Preeti, Advocate For the ESIC :

Mr. Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 07-04-2023 The petitioners have filed this writ petition

Patna High Court CWJC No.11 of 2023(4) dt.07-04-2023 2/2 challenging the order dated 23.09.2021 (Annexure-2), passed by respondent no.3, the Deputy Director (Recovery Officer), Employees State Insurance Corporation, Regional Office, Bihar. On perusal of the order dated 23.09.2021, this Court finds that the order passed by the Recovery Officer is based on a certificate dated 16.08.2021 issued by the Authorized Officer, ESI Corporation for recovery of an amount of 5,74,813/-. The ₹ said certificate dated 16.08.2021 has not been challenged by the petitioners in the writ petition.

In view of the petitioners having not challenged the original order, the consequential order cannot be examined. As such, the present writ petition is dismissed. (Sanjeev Prakash Sharma, J) Amrendra/- Item No. 4 U