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2025 DAILYLAW 9222 (GAU)

RANJEET KONWAR v. THE DEPUTY DIRECTOR AND AUTHORISED OFFICER

I.A.(Civil)/850/2025 · 2025-03-23

Robin Phukan

body2025

Judgment text

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Page No.# 1/2 GAHC010054792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/850/2025 RANJEET KONWAR S/O- KANTI KONWAR R/O- MOHANBARI BAZAR P/O. MOHANBARI PS- LOHOWAL DIST- DIBRUGARH ASSAM PIN- 786012 VERSUS THE DEPUTY DIRECTOR AND AUTHORISED OFFICER ESIC BAMUNIMAIDAM GHY- 21 2:THE RECOVERY OFFICER ESIC BAMUNIMAIDAM GHY- 781021 ------------ Advocate for : UJJWAL KUMAR DAS Advocate for : SC. E.S.I.C. appearing for THE DEPUTY DIRECTOR AND AUTHORISED OFFICER BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 24.03.2025 Heard Mr. U.K. Das, learned counsel for the applicant. Page No.# 2/2 2. In this application, under Order 83 of the Employees’ State Insurance Act, 1948, applicant has prayed for staying of the operation and execution of Form No. ESI CP 2 (Notice of demand to Defaulter), bearing No. 43000038760001001/CP/260232/RRC dated 10.05.2022, issued by the Recovery Officer, NE Region, Employees State Insurance Corporation, arising out of the order under Section 45-A of the ESI Act, passed by the Deputy Director and Authorised Officer, Employees’ State Insurance Corporation. 3. Mr. Das, learned counsel for the applicant submits that the applicant has preferred an appeal, being MFA 14/2025, against the judgment and order, passed by the ESI Court. Mr. Das further submits that in the said appeal notice has been issued to the respondents and the record has also been called for and that till disposal of the appeal, there is a requirement of staying the notice of demand to defaulter dated 10.05.2022, Annexure No. 4, at Page No. 19 of the petition. Mr. Das also submits that the applicant is ready to deposit 25% of the amount before the Registry of this court. 4. Having heard the submission of learned counsel for the applicant, I have carefully gone through the petition as well as the documents placed on record and taking note of the same, it is provided that subject to depositing of 25% of the amount before the Registry of this court, within a period of 2 (two) weeks, the notice of demand to defaulter dated 10.05.2022, stands stayed. 5. In terms of above, this IA stands closed. JUDGE Comparing Assistant