Punjab-Haryana High Court
M/S Sapphire Foods India Ltd vs Employees State Insurance Corporation ... on 15 December, 2025
Author: Amarinder Singh Grewal
Bench: Amarinder Singh Grewal
CR No. 9362 of 2025 (O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
130 CR No. 9362 of 2025 (O&M)
Date of Decision : 15.12.2025
M/S SAPPHIRE FOODS INDIA LIMITED
...PETITIONER
Versus
EMPLOYEES' STATE INSURANCE CORPORATION, PANCHDEEP
BAHWAN, SECTOR 19-A, MADHYA MARG, CHANDIGARH AND
OTHERS
..RESPONDENTS
CORAM: HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL
Present: Mr. Ashwani Talwar, Senior Advocate with
Mr. Sumit Aggarwal and Mr. Deepak Goyat, Advocates
for the petitioner.
***
Amarinder Singh Grewal, J.
CM-25335-CII-2025 Application for exemption is allowed, as prayed for. CR No. 9362 of 2025
1. The present Civil Revision Petition has been filed under Article 227 of the Constitution of India read with Section 52(2) of the Code of Social Security, 2020 and Section 82 of the Employees' State Insurance Act, 1948 for staying the operation, effect and enforcement of the Demand Notice dated 07.11.2025 (Annexure P-2) issued by respondent No. 2 during the pendency of Petition No. ESIC/13/2025 before the Learned Employees' Insurance Court as well as for restraining the respondents from taking any coercive steps against the petitioner-Company, including the attachment of movable or immovable properties, freezing or seizure of bank accounts or 1 of 4 ::: Downloaded on - 17-12-2025 00:25:02 ::: CR No. 9362 of 2025 (O&M) 2 any other mode of recovery, during the pendency of the proceedings before the Learned Employees' Insurance Court.
2. A perusal of the record reveals that the petitioner-Company, M/s Sapphire Foods India Limited has filed a petition under Section 75(1) (G) of The Employees' State Insurance Act, 1948 (Annexure P-3) before the learned Employees' Insurance Court for resolution of the dispute regarding the legality and maintainability of the Demand Notice dated 07.11.2025 issued by respondent No. 2 upon the petitioner and also with regard to the question as to whether the proposed contribution, interest and damages etc. are liable to be borne by the petitioner-Company or by respondent No. 3-M/s A.N. Traders Private Limited.
3. Along with the said petition, two applications i.e. application seeking exemption of pre-deposit under Section 75(2B) of The Employees' State Insurance Act, 1948 and application under Order XXXIX Rule 1 & 2 read with Section 151 of the Code of Civil Procedure for the grant of ad- interim injunction were filed before the learned Civil Judge (Sr. Divn.), Chandigarh. Learned Civil Judge (Sr. Divn.), Chandigarh vide order dated 26.11.2025 (Annexure P-6) had issued the notice of the petition filed under Section 75(1) (G) of The Employees' State Insurance Act, 1948 as well as the accompanying applications for 08.12.2025.
4. Learned counsel for the petitioner has submitted that in the demand notice/order dated 07.11.2025, the Recovery Officer, Sub-Regional Office, ESIC, Chandigarh directed the petitioner to deposit all pending dues promptly through the 'Recovery Challan' link on the ESIC Portal or by way of demand draft in favour of ESI Fund Account No. 1. The said notice also 2 of 4 ::: Downloaded on - 17-12-2025 00:25:03 ::: CR No. 9362 of 2025 (O&M) 3 stipulates that failure to deposit the aforesaid dues within 15 days of receipt of the notice shall result in initiation of compulsory recovery action under Sections 45(c) to 45(1) of the ESI Act read with Schedules II and III of the Income Tax Act, 1961, which may include attachment of movable or immovable properties, seizure of bank accounts, arrest etc. of the petitioner.
5. It has, therefore, been contended that the operation of the impugned demand notice/order 07.11.2025 (Anenxure P-2) deserves to be stayed till the adjudication of the application under Order XXXIX Rule 1 and 2 CPC and that the learned Civil Judge (Sr. Divn.), Chandigarh, be directed to dispose of the said application in a time bound manner.
6. In view of the order proposed to be passed, notice is not being issued to the respondents as it would unnecessarily delay the proceedings and also entail additional expenses for the respondents.
7. Having heard learned counsel for the petitioner and without expressing any opinion on the merits of the case, the learned Civil Judge (Sr. Divn.), Chandigarh is directed to consider and dispose of the petitioner's application under Order XXXIX Rule 1 and 2 read with Section 151 CPC, after affording due opportunity of hearing to all concerned, either as expeditiously as possible but in any case within a period of 15 days from the receipt of the certified copy of this order, strictly in accordance with law
8. Till the decision of the application under Order XXXIX Rules 1 and 2 read with Section 151 CPC, the operation, effect and enforcement of the order/demand notice dated 07.11.2025 (Annexure P-2) shall remain stayed.
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9. Pending miscellaneous application, if any, also stands disposed of.
10. The Civil Revision Petition stands disposed of accordingly.
(AMARINDER SINGH GREWAL) JUDGE December 15, 2025 nitin Whether speaking/reasoned : Yes Whether reportable : No 4 of 4 ::: Downloaded on - 17-12-2025 00:25:03 :::