Suresh Kumar Shetty vs Deputy Director
2024 Latest Caselaw 10878 Ker

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

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