Interface Electronics Private v. The Deputy Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :20.06.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.13757 of 2018 and W.M.P.No. 16228 of 2018 Interface Electronics Private Limited, 13,Nana Street, T.Nagar, Chennai-600 017.

Rep by its Director Mr.C.B.Ramesh ..Petitioner vs 1.The Deputy Director, Employees State Insurance Corporation, 143, Sterling Road, Nungambakkam, Chennai-600 034.

2.The Recovery Officer, Employees State Insurance Corporation, 143, Sterling Road, Nungambakkam, Chennai-600 034.

..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records of the respondents the recovery notice of the 1st respondent dated 11.10.2004 in proceedings No.TN/INSIII/ 51-19789-64/C19/3651/03 and consequential summons of the 2nd respondent dated 04.05.2018 in proceedings No.TN/RECY/EC15/51-51000197890000699/CCR/28265-28267, and quash the same. For Petitioner : Mr.G.Anand for M/s.T.S.Gopalan And Co.

For Respondents : Mr.S.P.Srinivasan

O R D E R

The learned counsel appearing on behalf of the petitioner made a submission that at the time of filing of the writ petition, the order passed by the competent authority under Section 45-A had not been served. However, the learned counsel appearing on behalf of the respondents now served the copy of the order passed under section 45-A to the learned counsel for https://hcservices.ecourts.gov.in/hcservices/

the petitioner across the bar. The learned counsel for the petitioner also acknowledged the receipt of the copy of the order.

2. Thus, it is left open to the writ petitioner to approach the appropriate Appellate Authority for the purpose of redressing their grievances.

3. In view of the fact that the order has not been served to the writ petitioner, the appellate forum on receipt of the appeal, if any filed by the writ petitioner, shall condone the delay and entertain the appeal, adjudicate the same on merits in accordance with law and by providing opportunity to all the parties concerned.

4. Thus, the writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. However, there shall be no order as to costs. lok Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.The Deputy Director, Employees State Insurance Corporation, 143, Sterling Road, Nungambakkam, Chennai-600 034.

2.The Recovery Officer, Employees State Insurance Corporation, 143, Sterling Road, Nungambakkam, Chennai-600 034.

+1cc to M/s.T.S.Gopalan & Co., Advocate Sr.No.38637 +1cc to Mr.S.P.Srinivasan, Advocate SR.No.38620 CP(CO) sm:29.6.2018 W.P.No.13757 of 2018 https://hcservices.ecourts.gov.in/hcservices/