IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6879 of 2004 M/S BATA INDIA LIMITED, THROUGH ITS GENERAL MANAGER AT & P.O. BATAGANJ, DIGHA, PATNA – PETITIONER. Versus 1. THE REGIONAL DIRECTOR, ESI CORPORATION, PANCHDEEP BHAWAN, JAWAHAR LAL, NEHRU MARG, PATNA-1. 2. THE DEPUTY REGIONAL DIRECTOR, ESI CORPORATION, PANCHDEEP BHAWAN, JAWAHAR LAL NEHRU MARG, PATNA-1. 3. THE REVENUE RECOVERY OFFICER, ESI CORPORATION, PANCHDEEP BHAWAN, JAWAHAR LAL NEHRU MARG, PATNA --- RESPONDENTS. ----------- 5/ 01-04-2011 Heard the parties. It is common ground that the issues involved in the present proceeding as also in E.S.I. Case No. 5 of 2003, pending in the E.S.I. court, Patna, are exactly same and similar. At the relevant time, when the present writ petition was filed, E.S.I. court was not functional. Therefore, the present writ petition was filed and certain interim protection was granted to the petitioner by order dated 30.06.2004. In view of the changed circumstances and in view of the fact that E.S.I. court is now functional, and the date has been fixed for recording evidence in the matter, Mr. K. N. Gupta, learned counsel appearing on behalf of the petitioner, has fairly submitted that he may be permitted to withdraw this writ petition with a liberty to raise all the issues involved in the present case in the 2 aforesaid ESI Case No. 5 of 2003 pending in the ESI Court, Patna. Permission is accorded. Writ petition is permitted to be withdrawn with the liberty aforesaid. It goes without saying that if the petitioner needs any interim protection, then it would be open to it to make such a prayer before the ESI court, Patna, which shall be considered and disposed of in accordance with law. BTiwary/ (Birendra Prasad Verma, J.)