IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 8998 of 2011(Y) ------------------------- PETITIONER(S): --------------- M/S.NORTECH INFONET (P) LTD., NORTECH HOUSE, ARAKKAKADAVU ROAD, EDAPPALLY, KOCHI-682024, REPRESENTED BY BENLEY NORONHA, MANAGING DIRECTOR. BY ADV. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENT(S): --------------- 1. THE JOINT DIRECTOR, EMPLOYEES' STATE INSURANCE CORPORATION, PANCHDEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR-680020. 2. RECOVERY OFFICER, REGIONAL OFFICE (KERALA), EMPLOYEES' STATE INSURANCE CORPORATION, PANCHDEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR-680020. 3. SOUTH INDIAN BANK, PALARIVATTOM BRANCH, ERNAKULAM, KOCHI-25, REPRESENTED BY ITS MANAGER. BY SRI.K.K.JOHN, SC FOR R3 SRI.P.SANKARANKUTTY NAIR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.8998 of 2011 ----------------------------------------- Dated this the 22nd March, 2011 JUDGMENT The prayer in this writ petition is to quash Ext.P7 notice of demand issued by the second respondent and to stay the recovery proceedings initiated by the said respondent. When the writ petition came up for hearing in the morning session it was adjourned to the post lunch session to enable the learned counsel appearing for the Employees State Insurance Corporation to get instructions. In the post lunch session the learned standing counsel for the Employees State Insurance Corporation submitted that an attachment order was issued to the petitioner's bankers on 15.3.2011 to recover the amounts due from the petitioner as per the final determination order issued under section 45A of the Employees State Insurance Act. The learned counsel appearing for the petitioner submitted that pursuant to the order of attachment a demand draft for Rs.9,14,391/- was also issued by the petitioner's bankers to the second respondent. The learned counsel for the petitioner also submitted that in such W.P(C) NO.8998/2011 -:2:- circumstances the writ petition may be dismissed as withdrawn reserving liberty with the petitioner to canvass the correctness of the final determination order passed under section 45A of the Employees State Insurance Act, 1948 in other appropriate proceedings. The writ petition is accordingly dismissed as withdrawn reserving liberty with the petitioner to challenge the final determination order passed under section 45A of the Employees State Insurance Act, 1948 in other appropriate proceedings. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.8998 of 2011 ---------------------------- JUDGMENT 22nd March, 2011