APHC010630312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 32604/2025 Between: 1. M/S.CHANDANA BROTHERS MULTI COMPLEX PVT LTD, REP. BY ITS LIAISON OFFICER AND AUTHORISED EXECUTIVE V.SANKARA RAO, S/O.SATYNARAYANA GUPTA AGED ABOUT 57 YEARS, D.NO.51-1-35, NEW RESAPUVANIPALEM MADDILAPALEM, VISAKHAPATNAM-530013. ...PETITIONER AND 1. THE EMPLOYEES STATE INSURANCE CORPORATION, REPRESENTED BY ITS DIRECTOR DOOR NO. 45-57-21/1, RR HOUSE AKKAYYAPALEM HIGHWAY ROAD NARASIMHA NAGAR, VISAKHAPATNAM - 530 024 ANDHRA PRADESH. 2. THE RECOVERY OFFICER, EMPLOYEES' STATE INSURANCE CORPORATION DOOR NO. 45-57-21/1, RR HOUSE NARASIMHA NAGAR, AKKAYYAPALEM HIGHWAY ROAD VISAKHAPATNAM - 530 024 ANDHRA PRADESH. 3. M/S BUILDING CONTROL SOLUTIONS I PVT LTD, REP. BY ITS MANAGING DIRECTOR D.NO.37-95, 13TH MAIN HAL 2ND STAGE, INDIRANAGAR, BANGALORE-560038. ...RESPONDENT(S): 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 topleased to issue a writ order or direction, more particularly one in 2 JS,J W.P.No.32604/2025 the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing the notice vide No.70Q/ 70500233170011001 dt.10.11.2025 without considering the petitioner's reply dt.29.10.2025 submitted pursuant to the order under Section 45G of the ESI ACT, 1948 vide No.70Q/ 70500233170011001 dt.09.10.2025 as illegal, arbitrary, ultra vires to the power under ESI Act, violative of principles of natural justice apart from being violative of Articles 14,19(1 )(g) of the Constitution and consequently set aside the same and pass 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 Pleased to stay all further proceedings pursuant to notice under Section 45G(x) vide No.70Q/70500233170011001 dt.10.11.2025 issued by the 2nd Respondent and pass Counsel for the Petitioner: 1. M/S INDUS LAW FIRM Counsel for the Respondent(S): 1. 3 JS,J W.P.No.32604/2025 The Court made the following ORDER: Heard both the learned counsel. Both the parties agreed to dispose the writ petition at admission stage. The Writ Petition is disposed of at the stage of admission with a direction to the 2nd respondent to consider the explanation of the petitioner dated 29.10.2025 and pass appropriate orders after giving an opportunity of hearing to the petitioner, within a period of four (4) weeks from the date of receipt of a copy of this order. Till such time, no coercive action shall be taken in pursuance of the impugned notice dated 10.11.2025. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 22.11.2025 RSD 4 JS,J W.P.No.32604/2025 37 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 32604/2025 Dated: 22.11.2025 RSD