M/S.V.Creations v. The Office Of The Recovery Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.4149 of 2023 M/s.V.Creations, 17, Prakasam Street, T.Nagar, Chennai-600 017, Represented by its Proprietor S.Thanu ... Petitioner Vs.

1. The Office of the Recovery Officer, Employees State Insurance Corporation, "Panchdeep Bhavan", No.143, Sterling Road, Nungambakkam, Chennai-600 034 Represented by the Recovery Officer,

2. Employees State Insurance Corporation, "Panchdeep Bhavan", No.143, Sterling Road, Nungambakkam, Chennai-600 034 Represented by its Regional Director ... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari or any other Writ or order in the nature of a Writ, to call for the records connected with the Notice dated 24.01.2023 in Ref No.TN/RECY/EC 15/51-51001063020001201/CCR18722/75491 issued by the 1st Respondent and quash the same.

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For Petitioner : M/s.John Zachariah For Respondents : Mr.T.N.K.Kawsik, Standing Counsel - - - - -

O R D E R

This Writ Petition has been filed as against the consequential proceedings initiated by the 1st respondent.

2. When the matter was taken up for hearing, the learned counsel appearing on behalf of the ESI Corporation submitted that already an order has been passed under Section 45-A of the ESI Act on 18.10.2016. A Copy of the same has been furnished to the learned counsel for the petitioner and a copy was also produced before this Court.

3. In view of the above, there is no question of interfering with the consequential order when the main order itself has not been put to challenge. It is left open to the petitioner to challenge the order passed under Section 45A of the ESI Act on 18.10.2016 in the manner known to law. 2/4

4. This Writ Petition is accordingly closed. No Costs. Consequently, the connected Miscellaneous Petition is closed.

13.02.2023 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

nhs To

1. The Recovery Officer, The Office of the Recovery Officer, Employees State Insurance Corporation, "Panchdeep Bhavan", No.143, Sterling Road, Nungambakkam, Chennai-600 034

2. The Regional Director, Employees State Insurance Corporation, "Panchdeep Bhavan", No.143, Sterling Road, Nungambakkam, Chennai-600 034.

N.ANAND VENKATESH, J.

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nhs and W.M.P.No.4149 of 2023 13.02.2023 4/4