Telangana High Court

WP/132/2006 of M/s. J.T. Tatajee, Vs Employees State Insurance Corporation, on 27 December 2007

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SRI JUSTICE P.S. NARAYANA WRIT PETITION No.132 of 2006 Dated: 27.12.2007 Between M/s.J.T.Tatajee …Petitioner And Employees’ State Insurance Corporation, Regional Office at 5-9-23, Hill Fort Road, Hyderabad, Andhra Pradesh and two others. …Respondents THE

THE HON’BLE SRI JUSTICE P.S. NARAYANA

WRIT PETITION No.132 of 2006

Dated: 27.12.2007

Between

M/s.J.T.Tatajee

…Petitioner

And

Employees’ State Insurance Corporation, Regional Office at 5-9-23, Hill Fort Road,Hyderabad, Andhra Pradesh and two others. …Respondents THE HON’BLE SRI JUSTICE P.S. NARAYANA

WRIT PETITION No.132 of 2006

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ORDER:

This writ petition is filed for issuance of writ of mandamusdeclaring the action of the second respondent in issuing the impugnedorder vide No.AP/SRO/V/Ins.II/62-6262-101, dated 28.10.2005 andconsequently passing attachment orders No.62.Q/16262/2050/2005,dated 19.12.2005, as illegal and arbitrary and consequently to setaside the same.

This Court issued rule nisi on 04.01.2006 and granted interimstay in W.P.M.P.No.158 of 2006 on condition of the petitionerdepositing half of the demanded amount within two weeks.

W.V.M.P.No.1242 of 2006 is filed to vacate the interim order,dated 04.01.2006 in W.P.M.P.No.158 of 2006 in W.P.No.132 of 2006.

The learned counsel on record Sri K.V.L.Narasimha Raorepresenting the petitioner and Sri B.G.Ravindra Reddy representingrespondents 1 and 2 made submissions at length taking this Courtthrough the respective pleadings of the parties and the stands taken bythe parties. Strong reliance was placed on the decision of a DivisionBench of this Court reported in Ashok Leyland Limited, Ductron,Castings Limited, R.R. District v. Deputy Tahsildar/SpecialRevenue Inspector (ESI), Recovery Cell, Collectorate, R.R.

District, Hyderabad[[1]].

It is not in serious controversy that the impugned order is anappealable order and an appeal lies against it before the ESI Courtunder Section 75 of the Employees’ State Insurance Act, 1948. It isalso stated that inasmuch as the conditional order, dated 04.01.2006,had already been complied with, liberty may be given to the petitionerto invoke the alternative remedy of preferring an appeal.

The deposit made in pursuance of the order of this Court dated04.01.2006 is hereby recorded and liberty is given to the petitioner toinvoke the alternative remedy of appeal within six weeks from the dateof receipt of a copy of this order.

The writ petition is accordingly disposed of. There shall be noorder as to costs.

_______________P.S.Narayana, J

Date: 27.12.2007va

[1]2001 (4) ALD 96 (DB)

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