- 1 - NC: 2025:KHC-D:2529 WP No. 100421 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100421 OF 2025 (L-ESI) BETWEEN: M/S ANJUMAN-E-ISLAM (R) GOUSIYA ARTS AND COMMERCE, DEGREE COLLEGE, REPRESENTED BY ITS PRESIDENT H.F. BIDARI RANEBENNUR. PIN 581115. …PETITIONER (BY SRI. S G SOLARGOPPA,ADVOCATE) AND: 1. RECOVERY OFFICER THE EMPLOYEES STATE INSURANCE CORPORTATION, OFFICE OF THE RECOVERY OFFICER SUB-REGIONAL OFFICE, SURVEY/BLOCK NO.89, SUTAGATTI ROAD, NEAR RTO, NAVANAGAR, HUBBALLI-580025. 2. THE DEPUTY DIRECTOR AND AUTHORISED OFFICER THE EMPLOYEES STATE INSURANCE CORPORATION SUB-REGIONAL OFFICE, SURVEY/BLOCK NO.89, SUTAGATTI ROAD, NEAR RTO, NAVANAGAR, HUBBALLI-580025. …RESPONDENTS (BY SRI. V.M. SHEELAVANT., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.14 15:25:44 +0530 - 2 - NC: 2025:KHC-D:2529 WP No. 100421 of 2025 QUASHING THE ORDER DATED. 23-02-2024 PASSED BY THE RESPONDENT NO.1 IN KAR.ESIC.580050886350001303/45-VIDE ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Registry is directed to print the name of Sri.V.M.Sheelavant, counsel appearing for respondents No.1 and 2 and delete the name of Sri.Vinay Koujalagi as that appearing for respondents No.1 and 2. 2. The petitioner is before this Court seeking for the following reliefs: i. To issue a writ of certiorari or any other appropriate writ or order quashing the order dated 23.02.2024 passed by the R1 in KAR.ESIC.58005088635001303/45- vide Annexure-E in the interest of justice and equity. ii. And also pass such other and further relief as this Hon’ble Court deems fit considering the facts and circumstances of the case, to meet the ends of justice. - 3 - NC: 2025:KHC-D:2529 WP No. 100421 of 2025 3. The grievance of the petitioner is that attachment order has been passed as regards the Bank account of the petitioner without any application of mind inasmuch as the said account holds much more money than what is claimed to be due to the respondents. His submission is that even as per the original order passed under Section 45-A of the ESI Act, 1948, the amount due was Rs. 5,38,981/- out of which 25% was to be deposited within 60 days. The said deposit not having been made, the attachment of the Bank account of the petitioner has been made where there is an amount of Rs.8,32,006/-. The petitioner maintaining only one single account, the operation of the college has come to a standstill causing harm, loss and injury to the petitioner. 4. On enquiry as to whether an appeal had been filed as regards the order under Section 45-A, learned counsel for the petitioner submits that an appeal is - 4 - NC: 2025:KHC-D:2529 WP No. 100421 of 2025 proposed to be filed. Taking into account the said submission, I am of the considered opinion that the petitioner being a college, the interest of students and the staff would be adversely affected if the petitioner were not to be able to operate the account. The account as indicated above having a credit balance of Rs.8,32,006/- the attachment is restricted to a sum of Rs.4,00,000/- subject to any appeal to be filed by the petitioner within a period of 30 days from today. In the event of no appeal being filed within 30 days from today, the aforesaid indulgence extended to the petitioner will cease to exist and the petitioner would be liable to pay the entire amount as directed under the 45A order. 5. With the above observation, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE LN/List No.: 1 Sl No.: 85