M/S.Amoda Publications Pvt. Ltd., v. Employees State Insurance Corporation

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.34628 of 2017 ORDER:

This Writ Petition is filed to declare the action of respondents 1 and 2 in seeking to claim or attach the bank accounts of the petitioner purportedly claiming dues from respondents 3 and 4 under Section 45-G of ESI Act, 1948, including Form No.CP2 dated 11.10.2017 as illegal and arbitrary.

It is the contention of the learned counsel for the petitioner that so far as the petitioner is concerned, there are no dues of ESI and it appears that the dues of respondents 3 and 4 are sought to be collected from the petitioner. Though the notices were alleged to have been issued in the name of respondents 3 and 4, the address shown is that of the petitioner. Hence, the Writ Petition.

Learned standing counsel Sri V.G. Ravindra Reddy, appearing for respondents 1 and 2 would submit that, as a matter of fact, the notices were issued to only respondents 3 and 4 viz., Online News Network and Online marketing and Manpower Services, however, by oversight, the address of the petitioner has been mentioned on the notices, but the Corporation has not sent any notices to the petitioner and no amounts are being demanded from the petitioner.

In the light of the submission made on behalf of the respondent Corporation, making it clear that it is only as and when any dues are pending from the petitioner, coercive action will be taken against it, the Writ Petition is disposed of giving liberty to the respondent Corporation to proceed for recovery of the dues from respondents 3 and 4, wherever they are. There shall be no order as to costs.

Consequently, miscellaneous petitions pending, if any, shall also stand closed.

_____________________________ CHALLA KODANDA RAM, J.

Date:16.10.2017 Ssv