Kerala High Court
Arooha Tours And Travels Pvt. Ltd vs Regional Director on 12 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
WP(C) No.15321/2024 1/2
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. 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
MANAGING 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, THIRUVANANTHAPURAM: 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 2/2
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 direct the Respondents 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 coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) 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. and R.RAJESH (VARKALA),
Advocates for the petitioner, SRI. AJAY KUMAR, Advocate for R1 to R4,
SRI.PRADEESH CHACKO, Advocate for R5 and of SRI. MOHAN JACOB GEORGE,
Advocate for R6 to R12, the court passed the following:
ORDER
Sri. Ajay Kumar appears for respondents 1 to 4 and seeks time to obtain instructions.
Sri. Pradeesh Chacko appears for respondent No.5.
Sri. Mohan Jacob George appears for respondents 6 to 12.
List for further consideration on 19.04.2024; until which time, all coercive recovery action against the petitioner pursuant to Exhibits P1 and P2 will stand deferred.
Sd/- DEVAN RAMACHANDRAN, JUDGE 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 12-04-2024 /True Copy/ Assistant Registrar