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2025 DAILYLAW 4996 (KER)

KERALA STATE TEXTILE CORPORATION LTD v. RECOVERY OFFICER

WP(C)/11571/2025 · 2025-04-07

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:30125 WP(C) No.11571 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 7 TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 11571 OF 2025 PETITIONER: KERALA STATE TEXTILE CORPORATION LTD REPRESENTED BY ITS MANAGING DIRECTOR, "ANNAPOORNA", KOCHAAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695010 BY ADV P.U.SHAILAJAN RESPONDENTS: 1 RECOVERY OFFICER EMPLOYEES STATE INSURANCE CORPORATION, SUB REGIONAL OFFICE, ERNAKULAM 5TH AND 6TH FLOOR, BSNL BHAVAN, KALATHIPARAMBU ROAD, ERNAKULAM, PIN - 682016 2 CHIEF MANAGER STATE BANK OF INDIA, VELLAYAMBALAM BRANCH, SAIRAM BUILDINGS, VELLAYAMBALAM JUNCTION, THIRUVANANTHAPURAM, PIN - 695010 BY ADVS. ADARSH KUMAR SHASHANK DEVAN(K/000585/2018) YADU KRISHNAN P.M.(K/004747/2024) T.V AJAYAKUMAR JITHESH MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30125 WP(C) No.11571 of 2025 2 JUDGMENT The petitioner is a Company fully owned by the Govt. of Kerala and an establishment covered under the Employees’ State Insurance Act, 1948. Since the dues towards the ESI Corporation were not paid, garnishee proceedings were initiated against the petitioner as per Ext.P2. Pursuant to Ext.P2, the 2 nd respondent debited Rs.28 lakhs from the account of the petitioner and transferred the same to the account of the Corporation. The petitioner has filed this writ petition to quash Ext.P2 and to permit the petitioner to pay the balance amount covered by Ext.P2 in 30 equal instalments. 2. This Court, by order dated 20.03.2025, permitted the petitioner to operate the account with the 2 nd respondent taking note of the fact that an amount of Rs.28 lakhs has already been recovered pursuant to Ext.P2. 3. Now the limited prayer of the petitioner is for a direction to permit the petitioner to pay the amount covered by Ext.P2 in instalments. 4. Heard Sri.P.U. Shailajan, the learned counsel for the 2025:KER:30125 WP(C) No.11571 of 2025 3 petitioner, Sri.Jithesh Menon, the learned counsel for the 2 nd respondent and Sri.Adarsh Kumar, the learned Standing Counsel for the 1 st respondent. 5. There will be a direction to the petitioner to pay the amount covered by Ext.P2, less the amount already recovered, in 15 equal monthly instalments commencing from 01.06.2025. It will be open to the petitioner to approach the 1 st respondent for waiver of interest. If the petitioner defaults payment of any two consecutive instalments as aforesaid, it will be open to the 1 st respondent to proceed against the petitioner in accordance with law. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:30125 WP(C) No.11571 of 2025 4 APPENDIX OF WP(C) 11571/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE PROVISIONAL PROFIT AND LOSSES STATEMENT OF THE KSTC IN THE YEAR 2023-24 DATED NIL Exhibit P2 TRUE COPY OF THE ORDER DATED 13.3.2025 OF THE 1ST RESPONDENT Exhibit P2(a) TRUE COPY OF THE LETTER DATED 17.3.2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER