THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.1233 of 2009 JUDGMENT: This C.M.A. is filed under Section 82 of the Employees’ State Insurance Act, 1948 (for short ‘the Act’), against the order, dated 15.09.2009 in I.A.No.140 of 2009 in E.I.C.No.26 of 2009 on the file of the Employees Insurance Court-cum-Industrial Tribunal-I, Hyderabad. Heard learned counsel for the appellants and learned counsel for the 1st respondent. The appellants initiated proceedings against the 1st respondent for recovery of the arrears of contribution under the Act. The properties of the 1st respondent were attached. At that stage, it approached this Court, by filing C.M.A. The C.M.A. was disposed of, leaving it open to the 1st respondent to move the ESI Court itself. Thereafter, it filed I.A.No.140 of 2009. A specific plea was raised by them to the effect that the unit itself was closed about 17 years ago, on account of the misunderstandings, among the Directors, and the question of payment of contribution, does not arise. They have also paid one-fourth of the amount and prayed for raising of the attachment. Through the order under appeal, the trial Court raised the attachment. It may be true that the relevant provisions of the Act mandates that a sum representing 50% of the liability, must be deposited, whenever the proceedings initiated against an industrial establishment, are challenged. However, it is not disputed that the Court is vested with the power to waive the condition. In this case, the Tribunal has waived the deposit to the extent of one-fourth and the 1st respondent has already deposited one-fourth of the contribution. This Court is not inclined to interfere with the order under appeal. The C.M.A. is accordingly dismissed. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY, J Dated:23.06.2010 GJ