1 IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 313 OF 2005 IN FIRST APPEAL NO. 1441 OF 2005 Hindustan Lever Ltd..... applicant/Appellant Vs. Employees State Insurance Corporation.... Respondents Mr. K.M. Naik i/b Mr. Sujeet P. Salkar Adv. For the applicant Mr. H.V. Mehta Adv. For the respondent. CORAM : R.G. KETKAR, J. DATE : 25th June, 2010. P.C. : Not on board. Mentioned. 1. Rule. By consent rule is made returnable forthwith. Heard Mr. K.M. Naik, learned counsel for the applicant and Mr. H.V. Mehta, learned counsel for the opponent. 2. The applicant has filed First Appeal No. 1441 of 2005 challenging the judgment and order dated 15-9-2004 passed by learned Judge of Employees State Insurance Court at Mumbai in application (ESI) No. 104/91. By that order, the learned Judge rejected the application made by the applicant. 2 3. Pending this appeal as well as the civil application, proceedings were conducted by the opponent and by order dated 31-3-2010 passed under sec. 45-A of the E.S.I.C. Act, 1948 (for short `Act”) it was ordered that the applicant is liable to pay contribution amounting to Rs. 1,45,95,681/- for the period covered by notices viz. (i) for the period 1/68 to 7/91, (ii) 8/91 to 10/2007 and (iii) 1/98 to 12/98. The applicant was ordered to pay the said amount within a period of 15 days from the date of the order, failing which the amount would be recovered under sec. 45-C under Act. Since the amount was not deposited as per order dated 31-3-2010, the opponent has issued prohibitory order on 24-6-2010. The said order is addressed to the Branch Manager of HSBC Fort Branch, Mumbai prohibiting and restraining the bank until further orders of the Recovery Officer of ESIC from making payment of Rs. 3,96,86,428/- due from the applicant herein to ESIC. It is in these circumstances, this civil application was moved urgently. 4. After hearing the learned counsel appearing for the parties at length, there is consensus between the learned counsel appearing for the parties where under the applicant herein will challenge the order dated 31-3-2010 passed under section 45-A of the ESIC Act by filing 3 application under sec. 75 of the ESIC Act within four weeks from today. In the meantime Mr. Naik, learned counsel after obtaining instructions from Mr. Abhijeet Kadam Senior H.R. Head of the applicant, undertakes to this court that within four weeks from today the applicant will deposit an amount of Rs. 2 crores with the opponent. Such undertaking shall be filed before this court on or before 30-6-2010. 5. Mr. Mehta, learned counsel for the opponent after obtaining instructions from his officer, states that on furnishing such undertaking in this court, they will lift the prohibitory order dated 24-6-2010. He further states that they will not act upon the order dated 24-6-2010 till 30-6-2010 and intimate the bank accordingly. Statement made by the counsel for the parties are accepted. In view of this the following order is passed. ORDER i) The applicant is at liberty to approach ESI court by filing appropriate proceedings challenging the order dated 31-3-2010 passed under sec. 45-A of the ESIC Act within four weeks from today. ii) The applicant undertakes to this court it will deposit Rs. 2 crores with ESIC within four weeks from today. 4 Iii) The applicant undertakes to this court that they will furnish undertaking incorporating the above facts on or before 30-6-2010. iv) The opponent shall not act upon the prohibitory order till 30-6-2010 and shall intimate the HSBC bank accordingly. v) In case there is any failure on the part of the applicant to comply with any of the aforesaid undertakings, the stay shall stand vacated. vi) The order of prohibition dated 24-6-2010 shall be subject to further orders, that may be passed by ESIC court in the proceedings that will be adopted by the applicant. Vii) Civil Application stands disposed of on aforesaid terms with no order as to costs. Rule is discharged. [R.G. KETKAR, J.]