IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15078 of 2001 M/S HOTEL MINAR Versus EMPLOYEES STATE INSURANCE CORP. ----------- 5. 8.4.2009 The applicability of E.S.I.Act to the petitioner, a hotel, and the consequential demand of the sum vide Annexures 1 and 1/A in the first instance had to be gone into by the authorities, had the petitioner approached such authorities. The writ application without exhausting the statutory remedy as against the demand under the E.S.I.Act is wholly misconceived and must be dismissed. The dismissal of this writ application, however, will not come in the way of the petitioner to approach the authority and establish that E.S.I.Act is not applicable against petitioner no.1. With the aforementioned observation, this application stands disposed of. (Mihir Kumar Jha,J.) Surendra/