Peace Public School vs Employees State Insurance ...
2022 Latest Caselaw 9594 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
     THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                        WP(C) NO. 8700 OF 2021
PETITIONER:

          PEACE PUBLIC SCHOOL,
          MATHILAKAM,PADIYUR.P.O, THRISSUR-680695,
          REPRESENTED BY ITS MANAGER HARIS.K.H.

          BY ADVS.
          A.RAJASIMHAN
          SHRI. AYYAPPADAS V
          KUM.VYKHARI.K.U


RESPONDENTS:

    1     EMPLOYEES STATE INSURANCE CORPORATION,
          REGIONAL OFFICE,PANCHDEEP BHAVAN,
          NORTH SWARAJ ROAD,THRISSUR-680020.
          REPRESENTED BY ITS REGIONAL DIRECTOR.

    2     RECOVERY OFFICER,REGIONAL OFFICE,
          EMPLOYEES STATE INSURANCE CORPORATION,
          REGIONAL OFFICE,PANCHDEEP BHAVAN,
          NORTH SWARAJ ROAD,THRISSUR-680020.

    3     BRANCH MANAGER,
          FEDERAL BANK,MATHILAKAM BRANCH,
          THRISSUR-680685.

          BY ADVS.
          SRI.ABRAHAM P. MEACHINKARA, SC, EPF
          SRI.T.V.AJAYAKUMAR, SC, ESI CORPN.
          SRI.K.MADHUSOODANAN
          SRI.P.H.RIMJU
          SRI.T.G.PAUL
          SRI.MATHEW JACOB (KUNNATHU)
          SRI.SYRIAC JOSEPH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8700 OF 2021
                                   -2-

                                 JUDGMENT

Petitioner has approached this Court with the

follwing prayers:

"1. Issue a writ of mandamus directing the 2nd respondent to permit the petitioner to remit the entire dues in Ext.P6 in 10 monthly installments.

2. Issue such other order or directions which this Hon'ble Court deem fit and proper in the interest of justice."

2. By the Garnishee Notice dated 30.03.2021

Ext.P6 the bank account maintained by the petitioner

had been attached. This Court vide order dated

31.03.2021 directed the petioner to operate the bank

account by keeping minimum balance as reflected in the

notice Ext.P6. Since the petitioner has expressed bona

fide intention to pay off the amount of Rs.15,22,838/-

(Rupees fifteen lakhs twenty two thousand eight hundred

and thirty eight only) in ten (10) instalments, I accept the

prayer and direct the petitioner to pay the amount

aforesaid in ten(10) equal monthly instalments WP(C) NO. 8700 OF 2021

commencing from 01.09.2022. In case of default of two

instalments the respondent would be at liberty to

proceed with the steps as already taken, in accordance

with law.

Writ petition stands disposed of.

Sd/-

AMIT RAWAL JUDGE vv WP(C) NO. 8700 OF 2021

APPENDIX OF WP(C) 8700/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTICE OF DEMAND DATED 20.11.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE NOTICE OF DEMAND DATED 20.11.202O ISSUED BY THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE NOTICE OR THE DEMAND DATED 20/11/2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 12/12/2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESP0NDENT

EXHIBIT P5 TRUE COPY OF THE SUMMONS DATED 26.3.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 30-3-

2021 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.