- 1 - NC: 2025:KHC-D:3225 WP No. 102972 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.102972 OF 2024 (L-ESI) BETWEEN: M/S. STAR SECURITY SERVICES, A SOLE PROPRIETORSHIP FIRM, O/AT. DODDAPET, RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI-581115, REPRESENTED BY ITS SOLE PROPRIETOR, MAHESH S/O. MANJUNATH PASTAY, AGE: 53 YEARS, OCC: BUSINESS, R/O. DODDAPET, RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI-581115. …PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: ESI CORPORATION, REPRESENTED BY ITS ASSISTANT DIRECTOR, SU REGIONAL OFFICE, SARVODAYA CIRCLE, KESHWAPUR, HUBBALLI, NOW REPRESENTED BY THE DIRECTOR I/C ESI CORPORATION, SOUTH REGIONAL OFFICE, NO.4 DOLLARS HEIGHT, DOLLARS COLONY, GOKUL ROAD, HUBBALLI-580024, DIST: DHARWAD. …RESPONDENT (BY SRI. M.B. KANAVI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY SUCH WRIT OR DIRECTION TO DIRECT THE RESPONDENT TO REFUND THE SUM OF RS.3,64,940/- TO THE PETITIONER WITH INTEREST FROM DATE OF PAYMENT AT RATE OF 18% PER ANNUM, AS PER THE REPRESENTATION DATED 21/03/2024 SUBMITTED BY PETITIONER IN REF.NO.ESI NO.24/06/STAR VIDE ANNEXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:3225 WP No. 102972 of 2024 THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a) Issue a writ in the nature of mandamus or any such writ or direction to direct the respondent to refund the sum of Rs.3,64,940/- to the petitioner with interest from date of payment at rate of 18% per annum, as per the representation dated 21/03/2024 submitted by petitioner in Ref.No.ESI No.24/06/star vide Annexure-G, in the interest of justice and equity. b) Pass such order or orders which this Hon’ble court deems fit and necessary under the facts and circumstances of the case. 2. The claim of the petitioner is as regards the amount being deposited on behalf of the petitioner with the respondent ESI Corporation, which deposit was made when the petitioner was not liable to make payment of any such amount. The petitioner having submitted a representation on 25.01.2024 and further representation on 21.03.2024, not having received any positive response, the petitioner is before this Court seeking for the aforesaid reliefs. - 3 - NC: 2025:KHC-D:3225 WP No. 102972 of 2024 3. Whenever any application under representation is submitted to authority/State, it is required for such authority to either accept or reject the request/representation. Of course, if rejected by giving reasons. Neither having been done, I pass the following: ORDER i) Writ petition is allowed in part. ii) A mandamus is issued directing the respondent to consider the representation dated 25.01.2024 at Annexure-F and 21.03.2024 at Annexure-G in terms of the documents, which are available with the respondent and that produced by the petitioner within a period of 30 days’ from the date of receipt of certified copy of this order. iii) It is made clear that this Court has not expressed any opinion on the eligibility of refund or otherwise of the petitioner. If the petitioner wishes to rely upon any further documents, the petitioner is at liberty to - 4 - NC: 2025:KHC-D:3225 WP No. 102972 of 2024 furnish the same within a period of 15 days from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE Para-1 and 2 – GAB Para 3 to end- AM CT-MCK List No.: 1 Sl No.: 5