APHC010325262013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r'mJZJM HR FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 20932 OF 2013 Between: M/s. Sri Vijaya Sai Foods, Srinagar Colony, Bhanugudi Junction, Kakinada, East Godavari District, Rep. by its Proprietor: D. Madhu Veeresh. ...Petitioner AND 1. The Employees State Insurance Corporation, Rep. by Deputy Director, Adarsh Nagar, Hyderabad. The Joint director of E S I Corporation, Sub-Regional Office, Gandhi Nagar, Vijayawada, Krishna District. The Deputy Director /Authorised Officer, E.S.I. Corporation, Sub- Regional Office, Gandhi Nagar, Vijayawada, Krishna District. The Recovery Officer, E S I Corporation, Gandhi Nagar, Vijayawada, Krishna District. 2. 3. 4. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4th respondent in seeking to take coercive steps to recover the E.S.I. Contribution against the petitioner firm in pursuance of the order dt. 11-6-2013 inspite of pendency of '^K ■'■'■'i ■ # the appeal before the 2nd respondent against the order made by the 3rd respondent dt.03-12-2012 wholly illegal, arbitrary and unjust and consequently direct the respondents not to take any coercive steps against the petitioner pending disposal of the appeal filed before the 2nd respondent under Sec.45AA of the E.S.I. Act in the interest of justice. as lA NO: 1 OF 2013rWPMP 25638 OF 2013 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 stay all further proceeding in pursuance of the order passed by the 3rd respondent in proceedings No. AP/SROA/JA/RRO/620002858400 01102, dt.11-06-2013 in the interest of justice. Counsel for the Petitioner: SRI M BABJI REPRESENTING SRI K VENKATESH Counsel for the Respondents: SRI K N P VAMSI KRISHNA REPRESENTING SRI P RAJASEKHAR (SC FOR ESI) The Court made the following order: APHC010325262013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] mf FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 20932/2013 Between: 1.M/S. SRI VIJAYA SAI FOODS, KAKINADA, E.G.DIST., BHANUGUDI JUNCTION, KAKINADA, EAST GODAVARI DISTRICT, REP. BY ITS PROPRIETOR; D. MADHU VEERESH. ...PETITIONER AND 1.THE EMPLOYEES STATE INSURANCE CORP HYD 3 OTRS, REP. BY DEPUTY DIRECTOR , ADARSH NAGAR, HYDERABAD. 2.THE JOINT DIRECTOR OF E S I CORPORATION, SUB-REGIONAL OFFICE, GANDHI NAGAR, VIJAYAWADA, KRISHNA DISTRICT. 3.THE DEPUTY DIRECTOR /AUTHORISED OFFICER, E.S.I. CORPORATION, SUB-REGIONAL OFFICE, GANDHI NAGAR, VIJAYAWADA, KRISHNA DISTRICT. 4.THE RECOVERY OFFICER E S I CORPORATION. GANDHI NAGAR VIJAYAWADA, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.K VENKATESH Counsel for the Respondent(S): 2 1.P RAJASEKHAR The Court made the following: ORAL ORDER: Heard Sri M. Babji, learned Counsel representing Sri K. Venkatesh, learned Counsel for the Writ Petitioner, and Sri K.N.P. Vamsi Krishna, learned Counsel representing Sri P. Rajasekher, learned Counsel for Respondent Nos. 1 to 4. The present Writ Petition is filed seeking protection from the coercive steps initiated by the Official Respondents for the recovery of the E.S.I. contribution from the Petitioner, in pursuance of the Order dated 11.06.2013. It is the submission of the learned Counsel for the Writ Petitioner that, without considering pending Appeal filed before the Joint Director of the E.S.I. Corporation, Vijayawada, in accordance with law, the Official Respondents are initiating coercive steps for recovery. Having considered the prayer in the Writ Petition, this Court, vide Order dated 18.07.2013, passed the following Order in W.P.M.P. No.25638 of 2013: “As the petitioner claims that it has submitted an appeal to the appellate authority under Section 45-AA of the Employees State Insurance Act, 1948, after duly depositing 25% of the contributions due, there shall be stay of all further proceedings pursuant to the order dated 11.06.2013 pending further orders. ” 2. 3. 4. The above extract of the Interim Order passed by this Court would indicate that the Writ Petitioner has deposited 25% of the demand made by the Official Respondents, and therefore, all further proceedings were stayed pursuant to the Order dated 11.06.2013. It appears that, due to the operation of the Interim Order, the objection has not been taken up by the Joint Director of the E.S.I. Corporation. The learned Counsel for the Writ Petitioner has taken this Court through the Demand Draft paid in favour of the Respondents for a sum of Rs. 36,000/-, 5. 6. 7. 3 and also the copy of the grounds of Appeal and the Affidavit filed in support of the Appeal, which bear the stamp of the Official Respondents, evidencing proof of receipt of the Appeal. Having regard to these facts, this Court is of the opinion that the Writ Petition can be disposed of without going into the merits, with the following directions: 8. The Competent Authority is directed to number the Appeal filed under Section 45-AA of the E.S.I. Act, if not already numbered, within a period of three (03) weeks from today, and to dispose of the Appeal by passing a Speaking Crder within a further period of six (06) weeks, in accordance with law. It is clarified that this Court has not expressed any opinion on the merits, and the Appellate Authority is at liberty to pass a Speaking Crder in accordance with law, based on the merits; and The Respondent Authorities shall not effect any further recoveries for a period of four (04) weeks from the date of passing the Speaking Crder in the pending Appeal. VVith these bbs”'4fyations and directions, the Writ Petition is disposed of. No order as to costs. ■ > . I. 9. 10. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- B. PRASADA RA ASSISTANT REGISTI^ //TRUE COPY// SECTION OFFICER To, 1. The Deputy Director, Employees State Insurance Corp, Adarsh Nagar, Hyderabad. 2. The Joint director of E S I Corporation, Sub-Regional Office, Gandhi Nagar, Vijayawada, Krishna District. 3. The Deputy Director /Authorised Officer, E.S.I. Corporation, Sub- Regional Office, Gandhi Nagar, Vijayawada, Krishna District. 4. The Recovery Officer E S 1 Corporation, Gandhi Nagar, Vijayawada, Krishna District. 5. One CC to Sri K Venkatesh Advocate [OPUC] 6. One CC to Sri P Rajasekhar (SC for ESI) Advocate [OPUC] 7. Two CD Copies TF HIGH COURT DATED: 18/07/2025 ORDER WP NO. 20932 OF 2013 v! 0 7 AUG 2025 jg trentS*cti«iX*V DISPOSING OF THE W.P., WITHOUT COSTS