M/S.G.S.Professional Management Services (I) Pvt Ltd v. Employees State Insurance Corporation And 4 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 776 of 2020 ORDER:

This Writ Petition is filed for the following relief: "....to issue the writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of respondents in attaching the office premises under sale proclamation cum panchanama dated 02.01.2020, attaching bank accounts under 1) No.52Q/46484-0999 dated 15.11.2019 2) No.52Q/46484-0999 dated 15.11.2019 of the petitioner pursuant to the notices 1) Ref.

No.52520464840010999/CP/338362 dated 24.09.2019 2) Ref.No.525204648400110999/CP/338364 dated 24.09.2019, as arbitrary, illegal, capricious for violation of Principles of Natural Justice and fair play apart from the Mandatory Provisions of E.S.I. Act and consequently set aside the same."

Learned counsel for the petitioner submits that without prejudice to its rights, the petitioner would pay the demanded amount of Rs.49,97,635/- to the respondent Corporation and prays for grant of instalments to the petitioner. In those circumstances, this Writ Petition is allowed by setting aside the order of attachment/proclamation for sale of subject properties of the petitioner subject to the condition of the petitioner paying an amount of Rs.15,00,000/- towards first instalment on or before 30.01.2020 and an amount of Rs.15,00,000/- towards second instalment on or before 29.02.2020 and balance amount on or before 30.03.2020. In default of the same, the respondent Corporation is entitled to

CKR, J W.P.No.776 of 2020 proceed with further and take necessary action in accordance with law. It is made clear that the petitioner is entitled to operate its bank accounts.

Miscellaneous Petitions, if any pending, shall stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J 10th JANUARY, 2020.

kvni