Kerala High Court
Suresh Kumar Shetty vs Deputy Director on 12 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 11339 OF 2024
PETITIONER:
SURESH KUMAR SHETTY, AGED 52 YEARS
S/O. SANJEEVA SHETTY, PRESIDENT, SHRI MAHALINGHESWARA
VIDHYANIKETHANA, KUNJATHUR, MANJESHWAR, R/AT. BALAKA
HOUSE, KUNJATHUR, MANJESWAR, KASARAGOD DISTRICT., PIN -
671323
BY ADVS.
HEMALATHA
BINU GEORGE
RESPONDENTS:
1 DEPUTY DIRECTOR
EMPLOYEES STATE INSURANCE CORPORATION, SUB REGIONAL
OFFICE, ESIC, HOUSE FED COMPLEX ( 3RD FLOOR,) SASTHRI
NAGAR ROAD, ERANJIPALAM, KOZHIKODE, PIN - 673006
2 THE RECOVERY OFFICER
EMPLOYEES STATE INSURANCE CORPORATION SUB REGIONAL
OFFICE, ESIC, HOUSE FED COMPLEX ( 3RD FLOOR,) SASTHRI
NAGAR ROAD, ERANJIPALAM, KOZHIKODE, PIN - 673006
3 THE BRANCH MANAGER
BANK OF BARODA, MANJESHWAR BRANCH, HILLSIDE COMMERCIAL
COMPLEX, HOSANGADI, MANJESHWAR, KASARAGOD, PIN - 671323
BY ADV THOMAS MATHEW NELLIMOOTTIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11339 OF 2024
2
JUDGMENT
The limited plea made by Smt.Hemalatha - learned counsel for the petitioner, is that her client be allowed to pay off the amounts covered by Exts.P5 and P6 in a few instalments.
Sri.Thomas Mathew Nellimoottil - learned standing counsel for respondents 1 and 2, submitted that the afore request can be acceded to, provided he pays off the entire amount in not more than 12 equal monthly instalments.
In the afore circumstances, I allow this writ petition permitting the petitioner to pay off the entire amounts covered by Exts.P5 and P6, in 12 equal monthly instalments commencing from 01.06.2024. If the petitioner pays a minimum of three of the instalments as ordered above, the debit freeze of their account maintained with the third respondent - Bank will stand lifted; but with liberty to the first respondent to seek that it be reimposed if he defaults on any further instalment thereafter.
Needless to say, in the event of any default, the benefit of this judgment will be lost to the petitioner and the respondent will have full power to initiate and invoke any other remedy for recovery as may be permitted in law; however, following due procedure.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 11339 OF 2024 3 APPENDIX OF WP(C) 11339/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF VISIT NOTE DATED 29.08.2019 ISSUED BY INSPECTION OFFICE, KASARAGOD, ESI CORPORATION Exhibit P2 A TRUE COPY OF COMMUNICATION DATED 19.12.2019 ISSUED FROM SUB REGIONAL OFFICE, ESI CORPORATION, KOZHIKODE Exhibit P3 A TRUE COPY OF COMMUNICATION DATED 11.08.2020 ISSUED BY DEPUTY DIRECTOR SUB REGIONAL OFFICE, KOZHIKODE Exhibit P4 A TRUE COPY OF COMMUNICATION DATED 05.11.2020 ISSUED BY DEPUTY DIRECTOR SUB REGIONAL OFFICE, KOZHIKODE Exhibit P5 A TRUE COPY OF ORDER DATED 06.01.2021 ISSUED BY DEPUTY DIRECTOR, SUB REGIONAL OFFICE, KOZHIKODE Exhibit P6 A TRUE COPY OF ORDER DATED 06.01.2021 ISSUED BY DEPUTY DIRECTOR, SUB REGIONAL OFFICE, KOZHIKODE Exhibit P7 A TRUE COPY OF GARNISHEE ORDER DATED 10.11.2023 ISSUED FROM 1ST RESPONDENT Exhibit P8 A TRUE COPY OF NOTICE DATED 22.11.2023 ISSUED FROM THE 3RD RESPONDENT TO THE PETITIONER Exhibit P9 A TRUE COPY OF REPRESENTATION DATED 14.03.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT