M/S Protech Impex v. Employees State Insurance Corporation & ANR.

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5908/2025, CM APPL. 26918/2025 M/S PROTECH IMPEX .....Petitioner Through:

Mr. Sohaib Alam and Mr. Anuj Sharma, Advocates.

versus EMPLOYEES STATE INSURANCE CORPORATION & ANR .....Respondents Through:

Mr. K.P. Mavi, Mr. Dinesh Partap Singh, Advocates for respondent no.1 and Mr. Arvind Kumar Bansal, SSO.

Mr.

Aayushmaan Vatsyayana, Advocate for respondent no.2.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 05.05.2025 1.

Mr. Mavi, learned counsel appearing for respondent No.1 on advance notice, has taken a preliminary objection as to the maintainability of the present petition. He states that the respondent issued a demand notice on 29.11.2019 which remained un-assailed by the petitioner. He further submits that in terms of Section 75 of the Employees' State Insurance Act, 1948 (hereinafter, 'the Act') the designated Court only has the power to go into the question of determining the liability. He also submits that in terms of Section 75(3) of the Act, the jurisdiction of the Civil Court is barred. Moreover, he submits that in view of the demand notice having remained unanswered, the recovery certificate and proceedings were carried out in pursuance thereof.

2.

At this stage, learned counsel for the petitioner states, upon The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:58:39

instructions, that he does not wish to press the present petition and seeks leave to withdraw the present petition with liberty to take recourse to appropriate remedy in accordance with law.

3.

In view of the above, leave and liberty, as prayed for, are granted and the petition alongwith pending application is dismissed as withdrawn. MANOJ KUMAR OHRI, J MAY 5, 2025/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:58:39