CMA/820/2008 of THE EMPLOYEES STATE INSURANCE CORPORATION & ANR Vs M/S.DURGA LIQUOR INDIA PVT LTD on 14 July 2026

1. THE EMPLOYEES STATE INSURANCE CORPORATION & ANR, REP BY ITS JOINT DIRECTOR O/O.SUB-REGIONAL OFFICE: 14-20-27, PADMANABHA BUILDINGS, GANDHI NAGAR, VIJAYAWADA - 520 003.

2. THE RECOVERY OFFICER, EMPLOYEES STATE INSURANCE CORPORATION O/O.SUB-REGIONAL OFFICE: 14-20-27, PADMANABHA BUILDINGS, GANDHI NAGAR, VIJAYAWADA - 520 003.

...APPELLANT(S) AND

1. M/S DURGA LIQUOR INDIA PVT LTD, rep by its Manmaging Director Niranjan Lal Agarwal O/o.Regd. Office: Hyderabad. Factory at Davuluru Village, Kankipadu Mandal,

...RESPONDENT Appeal Under Section_____against orders IA NO: 1 OF 2008(CMAMP 1851 OF 2008 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the order dated 29.04.2008 passed in OP No.9/2006 on the file of Prl. Senior Civil Judge, Vijayawada IA NO: 4 OF 2008(CMAMP 34259 OF 2008 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 6 OF 2008(CMAMP 34261 OF 2008 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with filing of the certified copy of order in CMA.No.820 of 2008 dated.29.01.2025 IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the order dated.29.01.2025 and restore the CMA.No.820 of 2008 on the file Counsel for the Appellant(S):

1. V CH NAIDU Counsel for the Respondent:

1. C NIRANJAN RAO The Court made the following:

ORDER: (Per Hon’ble Sri Justice D.Ramesh) The Civil Miscellaneous Appeal is filed by the Employees State Insurance Corporation against the respondent/petitioner vide order dated 29.4.2008 in O.P.No.9/2006 on the file of the learned Principal Senior Civil Judge, Vijayawada.

2. In fact the respondent/petitioner herein filed a petition under Section 75(g) of E.S.I.Act, 1948 for declaring that the prohibitory order dated 11.5.2006 issued by respondent no.2 therein directing the A.P. Beverages Corporation, Hyderabad to restrain an amount of Rs.1,88,323/- from the amount due to the petitioner therein and transfer the amount by way of crossed demand draft in favour of ESI Fund Account no.1. The said application has been considered and allowed partly modifying the order of the respondent Corporation dated 11.5.2006 to the effect that directing the petitioner to pay only Rs.41,955/- with interest at 12%pa.

3. As against the same, the present appeal has been preferred in the year 2008. Learned counsel for the appellant has also not able to place any fresh instructions with regard to deposit of the amount as directed by the E.S.I.

4. In the said circumstances, the C.M.A. is closed with a direction that if any amount is deposited, the appellants are directed to withdraw the same along with interest. No costs.

As a sequel thereto, interlocutory applications pending, if any, in the case, shall also stand closed. __________________ JUSTICE D.RAMESH

__________________________ JUSTICE ALAPATI GIRIDHAR 15.7.2026 RD

THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR

CIVIL MISCELLANEOUS APPEAL No.820 of 2008 15.7.2026 RD