IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 24637 of 2011(D) -------------------------- PETITIONER(S): --------------- M/S.HOTEL SEA GATE, PATHADIPALAM,SOUTH KALAMASSERY COCHIN-22,REPRESENTED BY ITS MANAGING PARTNER, SRI.NISHAD MATHEW. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RASAC.C.H. RESPONDENT(S): --------------- 1. THE EMPLOYEES' STATE INSURANCE CORPORATION,PANCHADEEP BHAVAN,NORTH ROAD, TRICHUR-20. 2. THE RECOVERY OFFICER/INSPECTOR, ESI CORPORATION,SUB REGIONAL OFFICE, KALOOR,ERNAKULAM,KOCHI 682 017. 3. JOSE KURIAN,S/O.KURIAN JOSEPH, PANAMKUZHAKKAL,RESIDING AT S.R.M ROAD, ERNAKULAM,KOCHI-18. 4. JOSE CYRIAC, S/O.KURIAN JOSEPH,PANAMKUZHAKKAL, RESIDING AT S.R.M ROAD,KOCHI-18. 5. MOTTI CYRIAC,S/O.KURIAN JOSEPH, -DO- 6. P.C.ROY, -DO- 7. SAJI SYRIAC,S/O.JOSE KURIAN, PANAMKUZHAKKAL,RESIDING AT S.R.M ROAD, ERNAKULAM,KOCHI-18. ADV. SRI.P.SANKARANKUTTY NAIR FOR R1-R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.24637 of 2011 ----------------------------------------- Dated this the 29th day of September, 2011 JUDGMENT This writ petition is filed challenging Ext.P7 note dated 19.8.2011 demanding payment of the sum of Rs.1,38,192/- with future interest from 23.8.2011. When the writ petition came up for hearing today Sri.P.Sankarankutty Nair, learned standing counsel appearing for the Employees State Insurance Corporation submitted that the petitioner had already remitted the sum of Rs.72,629/- and the said payment was not given credit to when Ext.P7 note was issued and therefore a fresh demand notice will be issued after giving credit to the said payment. The learned standing counsel also submitted that the second respondent will withdraw Ext.P7 and issue a fresh notice. Such being the situation I am of the opinion that no further orders are called for at this stage. The writ petition is accordingly closed as infructuous reserving liberty with the petitioner to move this Court afresh if occasion arises in future. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.24637 of 2011 ---------------------------- JUDGMENT 29th September, 2011