2025:KER:28961 WP(C) No.13647 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 3 RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13647 OF 2025 PETITIONER: M/S. GOLDEN FORK RESTAURANT & CATERING CO. PVT LTD, PETTAH, THRIPUNITHURA, ERNAKULAM, REP. BY MANAGING DIRECTOR, T S SAJEEVAN, S/O : T K SUGATHAN, VILLA NO. 7, CHOICE VILLAGE, NADAMA EAST, TRIPUNITHURA, ERNAKULAM, KERALA, PIN - 682301 BY ADV NIFFIN P. KAREEM RESPONDENTS: 1 EMPLOYEES STATE INSURANCE CORPORATION SUB REGIONAL OFFICE, 5TH & 6TH FLOOR, BSNL BHAVAN, KALATHIPARAMBU ROAD, ERNAKULAM, PIN - 682016 2 RECOVERY OFFICER ESI CORPORATION SUB REGIONAL OFFICE, 5TH & 6TH FLOOR, BSNL BHAVAN, KALATHIPARAMBU ROAD, ERNAKULAM, PIN - 682016 BY SRI.T.V.AJAYAKUMAR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28961 WP(C) No.13647 of 2025 2 JUDGMENT The petitioner is an establishment covered under the provisions of the Employees’ State Insurance Act, 1948. The petitioner defaulted payment of contribution and Exts.P1 to P4 orders under Section 45G of the ESI Act were issued to the petitioner. The petitioner has not filed any appeal against Section 45A determination. The petitioner does not dispute the liability to pay the amount referred to in Exts.P1 to P4. However, the petitioner seeks indulgence of this Court for permission to deposit the amount due in instalments. 2. Heard Sri.Niffin P. Kareem, the learned counsel for the petitioner and Sri.T.V.Ajayakumar, the learned Standing Counsel for the ESI Corporation. 3. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the amount of Rs.11,93,068/- referred to in Exts.P1 to P4 in 10 equal monthly instalments commencing from 03.05.2025. If the petitioner defaults payment of any of the instalments, it will be open to the respondents to proceed 2025:KER:28961 WP(C) No.13647 of 2025 3 against them for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in instalments as above, all coercive proceedings against them pursuant to Exts.P1 to P4 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:28961 WP(C) No.13647 of 2025 4 APPENDIX OF WP(C) 13647/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE GARNISHEE ORDER UNDER SECTION 45G OF THE ESI ACT, 1948, DATED 10.03.2025, BY THE 2ND RESPONDENT TO THE BRACH MANAGER, IDBI BANK, KACHERIPPADY, KOCHI. Exhibit P2 TRUE COPY OF THE GARNISHEE ORDER UNDER SECTION 45G OF THE ESI ACT, 1948, DATED 10.03.2025, ISSUED BY THE 2ND RESPONDENT TO THE BRACH MANAGER, IDBI BANK, MG ROAD, ERNAKULAM. Exhibit P3 TRUE COPY OF THE GARNISHEE ORDER UNDER SECTION 45G OF THE ESI ACT, 1948, DATED 10.03.2025, ISSUED BY THE 2ND RESPONDENT TO THE BRANCH MANAGER, HDFC BANK, CHITTOOR ROAD, ERNAKULAM. Exhibit P4 TRUE COPY OF THE GARNISHEE ORDER UNDER SECTION 45G OF THE ESI ACT, 1948, DATED 10.03.2025, ISSUED BY THE 2ND RESPONDENT TO THE BRACH MANAGER, HDFC BANK, CHITTOOR ROAD, ERNAKULAM. Exhibit P5 TRUE COPY OF THE JUDGEMENT BY THE HON’BLE HIGH COURT OF KERALA IN WP(C ) NO: 420/2023 DATED 09/01/2023