Telangana High Court
Elite Security Force Limited vs Union Of India, And 2 Others on 5 June, 2020
Author: A.Abhishek Reddy
Bench: A.Abhishek Reddy
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION No.7487 of 2020
ORDER:
Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for ESI Corporation. With their consent, the Writ Petition is disposed of at the stage of admission.
This Writ Petition is filed questioning the action of the respondent Nos.2 and 3 in issuing notice for setting a sale proclamation vide Ref. No.52Q/54991-1018 and Ref.No.52Q/ 27393-1018 dated 16.03.2020, for recovery of amount of Rs.32,06,007/- and Rs.52,66,711/-, as illegal, arbitrary and unjust.
Learned counsel for the petitioner has not disputed the quantum of amount due to the respondent No.2 Corporation but has stated that due to the present pandemic situation and the subsequent lock down, the petitioner-establishment is not in a position to pay the dues to the respondent-Corporation and requests for grant of some time for clearing the dues. The counsel further submits that by virtue of the impugned orders, dated 16.03.2020, passed by the respondents, the petitioner- establishment has been seized by the respondent- Corporation and they are not able to do any business. In view of the partial lifting of the lock down by the Central and State Governments the petitioner is intending to resume its business activities and they will be able to generate some income which will be used to pay the entire amounts due to the respondent-Corporation.
The learned Standing Counsel appearing for the respondent- Corporation, on instructions, has stated that earlier the petitioner had issued a cheque towards discharge of the above said due 2 WP No.7487 of 2020 AAR,J amount, but the same was dishonoured on presentation and opposed the granting of any order in favour of the petitioner.
It is an admitted fact that the entire country was under lock down due to the unprecedented pandemic situation prevailing in the entire country and many of the business establishments remained closed continuously for a period of more than two months. Most of the business establishments could not generate any income and have sustained huge losses, some of them have closed their business for good. However, the petitioner has not disputed the amounts due to the respondent-Corporation and has come forward to pay the same.
Considering the above position, the respondents are directed to immediately raise the attachment made in respect of the petitioner establishment, the raising of the attachment is conditional and subject to the petitioner paying 1/3rd of the due amounts within a period of four weeks from today and the balance 2/3rd amounts within a period of six weeks thereafter. It is made clear that in case the petitioner does not pay the initial amount of 1/3rd within a period of four weeks from today, as directed by this Court, the respondents are free to take any action for recovery of the amounts, under the provision of the Act.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
________________________ A.ABHISHEK REDDY, J Date : 05.06.2020.
smr/sur