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Bombay High CourtWP/2547/2016dispossed offdismiss for default

M/S. Nagpur District Security Guard Board, Nagpur, Through Secretary v. Employees State Insurance Corporation,, Nagpur, Through Its Joint Director

2016-05-03Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice V.M. Deshpande1 pages

1/1 wp2547.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2547 OF 2016 M/s. Nagpur Districtd Security Guard Board, Nagpur, thr.its Secretary -vsEmployees State Insurance Corporation, Nagpur, thr.its Joint Director ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr. M.R.Pillai, counsel for the petitioner.

CORAM : SMT. VASANTI A. NAIK & V.M.DESHPANDE, JJ.

DATE : 03.05.2016.

By this writ petition, the petitioner challenges the notice issued by the Assistant Director, Employees' State Insurance Corporation, Nagpur asking the petitioner to show cause as to why the assessment should not be made as proposed in the notice. The petition is premature. If the petitioner has replied to the show cause notice, the petitioner has to wait for the Corporation to pass appropriate orders in the matter relating to the show cause notice. Even if, there is a dispute between the petitioner and the Corporation in regard to any matter, the petitioner has an alternate remedy under the Employees' State Insurance Act, 1948. Instead of waiting to avail the remedy, the petitioner has filed the premature writ petition challenging the show cause notice.

In the circumstances of the case, the writ petition is disposed of with no order as to costs. The points raised in the petition are kept open.

JUDGE JUDGE KHUNTE