Suraj Bali Prasad and Sons and Another vs Employees State Insurance Corporation and Others

B.S. Verma, J.—Heard learned Counsel for the parties and perused the record.

By means of this writ petition, the petitioners have sought following reliefs:

(i) Issue a writ order or direction in the nature of certiorari quashing the orders dated 19-03-2010 passed by the respondent No. 2 by which directed to the petitioner to pay a sum of Rs. 6,97,125/-(Six lakh Ninety Seven thousand one hundred twenty five only)(Annexure No. 4 of the writ petition) and order/letter dated address 9-04-2010 issued by respondent No. 2 requested to the respondent No. 3 to recover the amount of Rs. 6,97,125/- and interest of Rs. 1,24, 222 total of Rs. 8,21,347 (Annexure No. 5 to the writ petition).

(ii) Issue a writ, order or direction in the nature of mandamus commanding to the respondents not to recover the amount in pursuant the order/letter dated 19-03-2010 and 30-04-2010 from the petitioner.

(iii) To pass such further order, which this Hon''bl Court may deem fit and proper under the facts and circumstances of the case.

(iv) Award the cost of writ petition to the petitioner.

The impugned order is an ex-parte order. In the interest of justice liberty is given to the petitioner to file recall application within a period of two weeks before the respondent No. 2, if the application is filed, the respondent No. 2 shall decide the application of the petitioner expeditiously as far as possible from the date of presentation of the application after hearing the petitioner.

Till the decision is taken by the respondent No. 2 on the application of the petitioner afresh, no coercive steps shall be taken against the petitioner for recovery of disputed amount.

In view of the above facts, the writ petition is disposed of.

Stay application stands disposed of accordingly.