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Madras High CourtWP/24622/2019withdrawn dismissed

M/S.Shree Maruthi Agency, v. The Employees State Iinsurance Corpoation,

2019-08-26Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2019

CORAM

THE HON'BLE MR. JUSTICE V.PARTHIBAN W.P.No.24622 of 2019 and W.M.P.Nos.24279 & 24280 of 2019 M/s.Shree Maruthi Agency, Rep. By its Proprietor V.Dhandayudhapani No.2, First Street, Rajiv Gandhi Nagar, T.H.Road, Chennai - 600 057.

...Petitioner

.Vs.

1.The Employees State Insurance Corporation Rep. By the Assistant Director, No.143, Sterling Road, Nungambakkam, Chennai - 600 034.

2.The Recovery Officer, E.S.I. Corporation, No.143, Sterling Road, Nungambakkam, Chennai - 600 034.

...Respondents

Prayer: Petition filed under Article 226 of Constitution of India, for issuance of Writ of Certiorarified Mandamus calling for the records of the 2nd respondent relating to the impugned notice (Ref.No.51000904040001001/CP/325102) dated 08.07.2019 and quash the same and further direct the 1st respondent to consider the contributions paid by the petitioner to ESI Corporation on 14.03.2019 and 15.03.2019.

For Petitioner : Mr.B.Gurumurthy For Respondents : Mr.G.Bharathwaj For E.S.I.

ORDER

When this Court expressed its view to dismiss the writ petition, since the petitioner has not exhausted the appellate remedy available under the Act, the learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with liberty to file an appeal. He has also made an endorsement to that effect.

https://hcservices.ecourts.gov.in/hcservices/

2.In view of the same, the Writ Petition is dismissed as withdrawn with liberty to the petitioner to pursue his appeal remedy as available under the Act. No costs. Consequently, connected Miscellaneous Petitions are closed. Sgl Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Assistant Director, The Employees State Insurance Corporation, No.143, Sterling Road, Nungambakkam, Chennai - 600 034.

2.The Recovery Officer, E.S.I. Corporation, No.143, Sterling Road, Nungambakkam, Chennai - 600 034.

+1cc to Mr.G.Bharadwaj, Advocate, SR.No.74003 +1cc to Mr.B.Gurumurthy, Advocate, SR.No.72475 W.P.No.24622 of 2019 Kak(21/10/2019) https://hcservices.ecourts.gov.in/hcservices/