Bamboo Corporation vs The Recovery Officer
2022 Latest Caselaw 2715 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                       WP(C) NO. 8276 OF 2022
PETITIONER:

            M/S BAMBOO CORPORATION LTD.
            PB NO.20, ANGAMALY SOUTH
            ERNAKULAM-683573
            REPRESENTED BY ITS MANAGING DIRECTOR SMT.INDU
            VIJAYAN N

            BY ADVS.
                  K.K.RAZIA



RESPONDENTS:

       1.   THE RECOVERY OFFICER,
            SUB REGIONAL OFFICE, ESIC
            HOUSEFORD COMPLEX, SATHRI NAGAR ROAD
            ERANJIPALAM, KOZHIKODE-673006

       2.   THE BRANCH MANAGER
            UNION BANK OF INDIA, ANGAMALY BRANCH
            JACOBS ARCADE, NEAR LITTLE FLOWER HOSPITAL
            T.B ROAD, ANGAMALY-683572

            SRI.T.V.AJAYAKUMAR-R1
            SRI.A.S.P.KURUP-R2


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)8276/2022                        2



                             JUDGMENT

The petitioner is challenging Ext.P1 order passed by the first

respondent under section 45G of the ESI Act, 1948 and Ext.P2

communication issued by the second respondent intimating that the

account of the petitioner is freezed.

2.Heard the learned counsel for the petitioner,

Sri.T.V.Ajayakumar, the learned counsel for the first respondent and

Sri.A.S.P Kurup, the learned counsel appearing for the second

respondent.

3. Since amounts are due to the employees of the Corporation,

there cannot be any waiver of the amount directed to be paid under

Ext.P1. The learned counsel for the petitioner submits that the

petitioner may be permitted to pay the amount covered by Ext.P1 in

equal monthly installments. Accordingly, there will be a direction to

the petitioner to pay the amount covered by Ext.P1 in six equal

monthly installments commencing from 14.3.2022. In case the

petitioner defaults payment of any of the installments as aforesaid, the

respondents will be free to recover the entire amount due. To

facilitate payment of installments as above, Ext.P1 shall be kept in

abeyance. On payment of the first installment, the petitioner will be

permitted to operate the bank account referred to in Ext.P2.

Writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:TRUE COPY OF THE PROCEEDINGS DATED 16.02.2022 ISSUED BY THE 1ST RESPONDENT.

EXT.P2:TRUE COPY OF THE PROCEEDINGS DATED 18.02.2022 ISSUED BY THE 2ND RESPONDENT.

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