Balaji Timber Mart, v. Employees State Insurance Corporation,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.476 of 2016 BETWEEN Balaji Timber Mart.

... PETITIONER AND Employees State Insurance Corporation, Rep. by its Regional Director, Regional Office, Hill Fort Road, Hyderabad and others. ...RESPONDENTS DATE OF JUDGMENT PRONOUNCED: 06.01.2016 THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals?

No 3.

Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

No

ORDER:

Petitioner questions the order 19.06.2014 passed by the third respondent under Section 45-A of the Employees State Insurance Act (for short 'the Act'), which was confirmed by the second respondent in appeal under Section 45-AA of the Act under order dated 12.06.2015. Consequently, the impugned notice dated 09.12.2015 is given to the petitioner making a demand for payment of principal and interest. Questioning that order, the present writ petition is filed.

2. Learned counsel for the petitioner submits that the interest liability is totally unwarranted and even the liability imposed on the petitioner is not justified.

3. However, petitioner has not availed the remedy of appeal available to him under Section 75 of the Act nor he has deposited the minimum amount as adjudicated by the appellate authority. In view of the remedy available to the petitioner under Section 75 of the Act, I am not inclined to entertain the writ petition. However, keeping in view the submission of the petitioner that coercive steps are being taken for recovery of the demanded amount, I deem it appropriate to stay the recovery proceedings initiated on the basis of the impugned demand notice subject to the condition of the petitioner depositing a sum of Rs.50,000/- (Rupees Fifty Thousand only) with the first respondent within a period of two (2) weeks from today and within the aforesaid period, the petitioner may avail the remedy under Section 75 of the Act.

The writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. ______________________ VILAS V. AFZULPURKAR, J January 6, 2016 DSK