WP(C) 3366/2011 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA. According to the petitioner, an amount ‘ 13,774’50 was deposited with th e respondent-Corporation vide Cheque No.110364 dated 4.7.2011 drawn on Assam Gra min Bikash Bank, Guwahati Branch. On the other hand, Mr. K.K. Nandi, learned Sta nding Counsel, ESI submits that the amount could not be en-cashed as the petitio ner submitted a defective cheque. Consequently, the cheque has also been return ed back to the petitioner. By the impugned notice dated 16.6.2011 (Annexure-5 to the writ petition) , the petitioner has been directed to show cause as to why the Warrant of Arrest should not be issued on failure to pay arrear balance of ‘ 33,037/-. The petitioner was directed to show cause by appearing in person before the Recovery Officer on 5.7.2011 at 11.00 A.M. Instead of responding to the show cause notice, the petitioner approached this Court by filing the instant writ p etition. Mr. Nandi, learned Standing Counsel, ESI by referring to the decision of the Apex Court in Employees’ State Insurance Corporation v. F. Fibre Bangalore (P) Ltd., reported in (1997) 1 SCC 625 and the decision of this Court dated 11.6 .2004 in WP(C) No.1850/2002, submits that if the petitioner remains aggrieved by the order to be passed upon his appearance before the Recovery Officer, the pet itioner will be entitled to pursue his remedy elsewhere, as per the provisions of the Employees’ State Insurance Act, 1948. Without expressing any opinion on such contention advanced by Mr. Nandi, learned Standing Counsel, ESI, this writ petition is disposed of directing the petition er to appear before the Recovery Officer, ESI on or before 19th August,2011. Upo n such appearance and showing cause, the authority shall pass appropriate order taking into account the relevant facts and circumstances and in accordance with law. With the above direction, the writ petition is disposed of.