M/S.S.S.G.Apparels v. The Recovery Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2020
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.No.5835 of 2020 W.M.P.Nos.15889, 6839 & 6840 of 2020 M/s.S.S.G.Apparels, Rep.by its Managing Partner, Mrs.D.Shrii Sumithaa, No.6-1/24, Lakshmi Nagar East Extn.
Main Road, Thottipalayam, Tiruppur-641 607.
... Petitioner
Versus
1. The Recovery Officer, Employees' State Insurance Corporation, Sub-Regional Office, No.1897, Trichy Road, Ramanathapuram, Coimbatore-641 045.
2.The Branch Manager, Karur Vysya Bank, No.21, Cutchery Road, Gobichettipalayam, Erode-638 452. ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the 1st respondent bearing Ref.No.CBE/RECY/CP-3/56/6099/106 dated 11.02.2020 to quash the same and direct the second respondent bank to allow the petitioner to operate their bank accounts for the day to day transactions without any further restrictions. For Petitioner : Mr.P.Thangaraj For Respondents: Mr.K.Prabakar for R1 Standing Counsel for ESI
O R D E R
The prayer sought for herein in the writ petition is challenging the order dated 11.02.2020 passed by the first respondent.
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2. When the matter is taken up for hearing, the learned Standing Counsel appearing for the first respondent, on instruction, would submit that, the impugned order dated 11.02.2020 has subsequently been withdrawn and the said withdrawal order has already been communicated to the second respondent. Therefore, nothing survives in this writ petition.
3. Though the learned counsel appearing for the petitioner would submit that he does not know that fact, in view of the categorical submission made by the learned counsel appearing for the first respondent, which is taken on record, this Court feels that, since the impugned order has been subsequently withdrawn, nothing could be adjudicated in this writ petition. Hence, this Court feels that, this writ petition can be dismissed by recording the submission of the learned counsel appearing for the first respondent.
4. Accordingly, the writ petition stands dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssb To:
1. The Recovery Officer, Employees' State Insurance Corporation, Sub-Regional Office, No.1897, Trichy Road, Ramanathapuram, Coimbatore-641 045.
2.The Branch Manager, Karur Vysya Bank, No.21, Cutchery Road, Gobichettipalayam, Erode-638 452.
+1cc to Mr.Prabakar, Advocate SR.33010 W.P.No.5835 of 2020 MG(CO) CB(19/10/2020) https://hcservices.ecourts.gov.in/hcservices/ Page numbers