Kerala High Court
Arooha Tours And Travels Pvt. Ltd vs Regional Director on 19 April, 2024
WP(C) No.15321/2024 1/4 Order Date : 19-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Friday, the 19th day of April 2024 / 30th Chaithra, 1946
WP(C) NO. 15321 OF 2024
PETITIONER:
AROOHA TOURS AND TRAVELS PVT. LTD., REGISTERED AT: @ND FLOOR, FAIR
MOUNT TOWER, MAVOOR ROAD, KOZHIKODE-673 004; REPRESENTED BY ITS
MANGING DIRECTOR: ZAID AMEEN P T, AGED: 33; S/O P T MUHAMMED,
RESIDING AT PEEDIKATHODUKAYIL HOUSE, KODUVALLY, KOZHIKODE,
PIN-673572
RESPONDENTS:
1. REGIONAL DIRECTOR ESI CORPORATION; OFFICE AT: SUB REGIONAL OFFICE,
ESI CORPORATION, HOUSEFED COMPLEX, ERANHIPALAM, KOZHIKODE,
PIN-673006
2. DEPUTY DIRECTOR, ESI CORPORATION; OFFICE AT: SUB REGIONAL OFFICE,
ESI CORPORATION, HOUSEFED COMPLEX, ERANHIPALAM, KOZHIKODE,
PIN-673006
3. SOCIAL SECURITY OFFICER, ESI CORPORATION, OFFICE AT SUB REGIONAL
OFFICE, ESI CORPORATION, HOUSEFED COMPLEX, ERANHIPALAM, KOZHIKODE,
PIN-673006
4. RECOVERY OFFICER, RECOVERY OFFICER, ESI CORPORATION; OFFICE AT: SUB
REGIONAL OFFICE, ESI CORPORATION, HOUSEFED COMPLEX, ERANHIPALAM,
KOZHIKODE, PIN-673006
5. HDFC BANK, MAJESTIC CENTRE BRANCH, SITUATED AT MAJESTIC CENTRE,
BYPASS ROAD, CALICUT, KOZHIKODE REPRESENTED BY MANAGER, PIN-673004
6. FEDERAL BANK, MANGALORE BRANCH; SITUATED AT: PB NO 775, MANASA
TOWERS, MG ROAD, KODIALBAIL, MANGALURU :REPRESENTED BY MANAGER,
PIN-575003
7. FEDERAL BANK, THRISSUR, S.T. NAGAR BRANCH; SITUATED: FEDERAL TOWERS,
TB ROAD, SAKTHAN NAGAR, THRISSUR; REPRESENTED BY MANAGER, PIN-680001
8. FEDERAL BANK, PUTHIYARA BRANCH SITUATED AT 1ST FLOOR, SPACE MALL
JAFARKHAN COLONY ROAD, KOZHIKODE, REPRESENTED BY ITS MANAGER,
PIN-673004
9. FEDERAL BANK, PALARIVATTOM BRANCH, SITUATED AT 1ST FLOOR,
THADIKKARAN CENTRE, PALARIVATTOM, ERNAKULAM, REPRESENTED BY ITS
MANAGER, PIN - 682025
10. FEDERAL BANK, MAVOOR ROAD BRANCH; SITUATED AT: GROUND FLOOR, FEDERAL
TOWERS, 27/97G, MAVOOR ROAD, ARAYIDATHPALAM, KOZHIKIDE, REPRESENTED
BY ITS MANAGER, PIN - 673016
11. FEDERAL BANK, COTTON HILL BRANCH; SITUATED AT: ST. JOSEPH'S PRESS
BUILDING, COTTON HILL, VAZHUTHACAUD, HIRUVANANTHAPURAM, REPRESENTED
BY IT MANAGER, PIN - 695014
12. FEDERAL BANK SOUTH BAZAR BRANCH; SITUATED AT: P B NO. 488, FIRST
FLOOR, ADITHYA TOWERS, OPP CIVIL STATION, SOUTH BAZAR, KANNUR;
REPRESENTED BY ITS MANAGER, PIN - 670002
WP(C) No.15321/2024 2/4 Order Date : 19-04-2024
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all coercive proceedings against petitioner consequent to
Ext. P1 and P2 and revoke debit freeze upon petitioner's bank accounts in
respondent 5 to 12's banks, till the disposal of this writ petition
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
12.04.2024 and upon hearing the arguments of M/S. SAMEER M NAIR, SABIKH
MOHAMMED V.S, M.KIRANLAL, T.S.SARATH, MANU RAMACHANDRAN, SAILAKSHMI MENON,
SMT.AKHILA B. & R.RAJESH (VARKALA), Advocates for the petitioner, the
court passed the following:
WP(C) No.15321/2024 3/4 Order Date : 19-04-2024
SHOBA ANNAMMA EAPEN, J.
...............................................
W.P.(C) No.15321 of 2024
.............................................................................
Dated this the 19th day of April, 2024
ORDER
The learned Counsel for the petitioner submits that the interlocutory applications are filed by the petitioner for the production of documents.
Registry to incorporate the interlocutory applications.
Post on 25.04.2024.
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE RK WP(C) No.15321/2024 4/4 Order Date : 19-04-2024 APPENDIX OF WP(C) 15321/2024 Exhibit P1 A TRUE COPY OF ORDER UNDER SECTION 45A OF ESIC ACT AGAINST PETITIONER FOR 01.04.2019 TO 31.03.2020 DATED 12.06.2023 Exhibit P2 A TRUE COPY OF ORDER UNDER SECTION 45A OF ESIC ACT AGAINST PETITIONER FOR APRIL 2021 TO JANUARY 2023 DATED 12.06.2023 Exhibit P3 A TRUE COPY OF THE NOTICE ISSUED BY 4TH RESPONDENT TO PETITIONER AS ON 20.11.2023 Exhibit P4 A TRUE COPY OF THE NOTICE ISSUED BY 4TH RESPONDENT DATED 08.02.2024 Exhibit P5 A TRUE COPY OF SCREEN SHOT OF MOBILE INTERFACE OF PETITIONER'S BANK ACCOUNTS AS ON 12.03.2024 Exhibit P6 A TRUE COPY OF SCREEN SHOT OF MOBILE INTERFACE OF PETITIONER'S BANK ACCOUNTS WITH RESPONDENT 6 TO 12 Exhibit P7 A TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WPC 10238 OF2024 DATED 14.03.2024 Exhibit P8 A TRUE COPY OF LETTER ISSUED BY 10TH RESPONDENT TO PETITIONER AS ON 22.03.2024 Exhibit P9 A TRUE COPY TRANSACTION DETAIL DATED 25.03.204 ISSUED FOR PAYMENT INTO CONTRIBUTION DETERMINATION ORDER FOR EXT.P1 ORDER Exhibit P10 A TRUE COPY TRANSACTION DETAIL DATED 25.03.2024 ISSUED FOR PAYMENT INTO CONTRIBUTION DETERMINATION ORDER FOR PERIOD EXT. P2 ORDER Exhibit P11 A TRUE COPY OF APPEAL UNDER SECTION 45AA OF ESIC ACT BEFORE 1ST RESPONDENT AS ON 25.03.2024 AGAINST EXT. P1 ORDER WITHOUT ANNEXURES Exhibit P12 A TRUE COPY OF APPEAL UNDER SECTION 45AA OF ESIC ACT BEFORE 1ST RESPONDENT AS ON 25.03.2024 AGAINST EXT. P2 ORDER WITHOUT ANNEXURES Exhibit P13 A TRUE COPY OF THE INDEX PAGES HAVING IMPRESSION OF RESPONDENT AUTHORITY ACKNOWLEDGING RECEIPT OF EXT. P10 AND P11 Exhibit P14 A TRUE COPY LETTER ISSUED BY PETITIONER TO 1ST RESPONDENT AS ON 27.03.2024 Exhibit P15 A TRUE COPY OF LETTER ISSUED BY PETITIONER TO 4TH RESPONDENT AS ON 27.03.2024 Exhibit P16 A TRUE COPY OF ORDER REJECTING PETITIONER'S EXT. P11 AND P12 APPEALS DATED 05.04.2024