M/S. New Indur Retreaders, Sy.No.653, Manik Bandar v. The Recovery Officer,

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.15539 of 2009 ORDER:

When the matter is taken up for hearing, none appeared on behalf of the petitioner, in spite of the fact that the writ petition is listed under the caption 'for dismissal'.

2.

A perusal of the record discloses that the petitioner is challenging the notice, dated 06.07.2009, issued by the 1st respondent for setting aside the sale proclamation.

3.

Learned Standing Counsel appearing for the respondents had contended that against the impugned notice, there is an effective alternative remedy under Section 75 of the Employees' State Insurance Act, therefore, the petitioner can approach the Employees' State Insurance Court.

4.

In view of the above said submission, the writ petition is disposed of directing the petitioner to challenge the notice, dated 06.07.2009, before the Employees' State Insurance Court, if he so advised, within a period of two months from the date of receipt of a copy of this order, in accordance with law. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 11th February 2020 mar