CWP-18403 IN THE HIGH COURT OF PUNJAB AND HARYANA M/s Krishan Kumar Employees State Insurance CORAM: Present: KULDEEP 1. Article 226/227 of the Constitution of India, assails of even date, i.e. 18.05.2026 (Annexures P respondent No.4, vide which, amount of Rs.6,98, prayer is also made for issuance of a Mandamus upon the Appellate Authority to decide the appeal, along with stay application, preferred by the petitioner. 2. Deputy Director, Employees State Insurance Corporation No.3, without following due process of law, and affording an opportunity of hearing, Rs.6,98,193/ on account of damages for the delayed payment, 10.03.2026 (Annexures P statutory appeal, 05.05.2026, petitioner has been served with the impugned demand notices 18403-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M/s Krishan Kumar Versus Employees State Insurance Corporation, and others CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Mr. R.K. Arora, Senior Advocate, with Mr. Jugam Arora, Advocate, Mr. Prabhat K. Jalbera, Advocate, for the petitioner. **** KULDEEP TIWARI, J. (Oral) The petitioner, by way of instant writ petition 226/227 of the Constitution of India, assails even date, i.e. 18.05.2026 (Annexures P respondent No.4, vide which, the petitioner has been directed to pay an amount of Rs.6,98,193/- and Rs.1,10,329/ prayer is also made for issuance of a Mandamus upon the Appellate Authority to decide the appeal, along with stay application, preferred by petitioner. Learned Senior counsel for the petitioner submits that Deputy Director, Employees State Insurance Corporation No.3, without following due process of law, and affording an opportunity of hearing, directed to petitioner to r 93/- in respect of ESIC contribution, along with on account of damages for the delayed payment, 10.03.2026 (Annexures P-1 and P-2). Aggrieved, the petitioner filed statutory appeal, along with an application for interim stay, 05.05.2026, (Annexure P-3). Surprisingly, petitioner has been served with the impugned demand notices IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-18403-2026 Date of decision: 29.05.2026 ….Petitioner Corporation, and others ….Respondents KULDEEP TIWARI R.K. Arora, Senior Advocate, with , Advocate, and Mr. Prabhat K. Jalbera, Advocate, itioner, by way of instant writ petition, as cast under 226/227 of the Constitution of India, assails the demand notices even date, i.e. 18.05.2026 (Annexures P-4 and P-5), issued by the petitioner has been directed to pay an and Rs.1,10,329/-, forthwith. Additionally, a prayer is also made for issuance of a Mandamus upon the Appellate Authority to decide the appeal, along with stay application, preferred by Learned Senior counsel for the petitioner submits that the Deputy Director, Employees State Insurance Corporation-respondent No.3, without following due process of law, and affording any directed to petitioner to remit an amount of in respect of ESIC contribution, along with Rs.1,10,329/-, on account of damages for the delayed payment, vide orders of even date 2). Aggrieved, the petitioner filed the an application for interim stay, on urprisingly, in the interregnum, the petitioner has been served with the impugned demand notices. In such a 6 s under notices 5), issued by the petitioner has been directed to pay an , forthwith. Additionally, a prayer is also made for issuance of a Mandamus upon the Appellate Authority to decide the appeal, along with stay application, preferred by the respondent y emit an amount of , vide orders of even date the on the In such a AMIT KUMAR 2026.05.30 13:05 I attest to the accuracy and authenticity of this document CWP-18403 situation, he submits that to, it would not only render the appeal infructuous, but would also cause severe loss to the petitioner. 3. petitioner, and has also perused the record. 4. 10.03.2026 appeal, alongwith an application for interim stay, which is pending consideration. the very objective of Accordingly, the Appellate Authority is directed to make all possible endeavour to the decide the application seeking stay of the recovery orders dated 10.03.2026, within three weeks from the date of receipt of a certified copy of this order given effect to sanguine that the appeal preferred by the petitioner shall also be conclusively decided, most petitioner opportunity of hearing 5. disposed of. 29.05.2026 Ak Sharma 18403-2026 -2- , he submits that if the impugned demand notices are given effe to, it would not only render the appeal infructuous, but would also cause severe loss to the petitioner. This Court has heard learned Senior counsel for the petitioner, and has also perused the record. It is a matter of record that against th 10.03.2026 (Annexures P-1 and P-2), the petitioner has preferred an appeal, alongwith an application for interim stay, which is pending consideration. In the event, the impugned recovery notices are executed, the very objective of the statutory appeal would be defeated. Accordingly, the Appellate Authority is directed to make all possible endeavour to the decide the application seeking stay of the recovery orders dated 10.03.2026, within three weeks from the date of receipt of a tified copy of this order, and in any case, before the said order given effect to, so as to avoid miscarriage of justice. Further, this Court is sanguine that the appeal preferred by the petitioner shall also be conclusively decided, most expeditiously. petitioner, through its authorized representative, opportunity of hearing. With the abovesaid observations, the instant writ petition is disposed of. 29.05.2026 Whether speaking/reasoned Whether reportable if the impugned demand notices are given effect to, it would not only render the appeal infructuous, but would also cause This Court has heard learned Senior counsel for the petitioner, and has also perused the record. It is a matter of record that against the recovery orders dated , the petitioner has preferred an appeal, alongwith an application for interim stay, which is pending In the event, the impugned recovery notices are executed, the statutory appeal would be defeated. Accordingly, the Appellate Authority is directed to make all possible endeavour to the decide the application seeking stay of the recovery orders dated 10.03.2026, within three weeks from the date of receipt of a , and in any case, before the said orders are , so as to avoid miscarriage of justice. Further, this Court is sanguine that the appeal preferred by the petitioner shall also be expeditiously. Needless to assert that the , through its authorized representative, shall be granted due With the abovesaid observations, the instant writ petition is (KULDEEP TIWARI) JUDGE Yes Yes/No ct to, it would not only render the appeal infructuous, but would also cause This Court has heard learned Senior counsel for the e recovery orders dated , the petitioner has preferred an appeal, alongwith an application for interim stay, which is pending In the event, the impugned recovery notices are executed, the statutory appeal would be defeated. Accordingly, the Appellate Authority is directed to make all possible endeavour to the decide the application seeking stay of the recovery orders dated 10.03.2026, within three weeks from the date of receipt of a are , so as to avoid miscarriage of justice. Further, this Court is sanguine that the appeal preferred by the petitioner shall also be Needless to assert that the due With the abovesaid observations, the instant writ petition is AMIT KUMAR 2026.05.30 13:05 I attest to the accuracy and authenticity of this document