Dismissed¶¶16

M/S Protech Impex v. Employees State Insurance Corporation & Anr.

Delhi HC5 May 2025W.P.(C)/5908/2025

Case brief

AI extract

What is this about?

Delhi High Court; W.P.(C) 5908/2025; CM APPL. 26918/2025; M/S Protech Impex; Employees State Insurance Corporation; Manoj Kumar Ohri; order dated 05.05.2025; dismissed as withdrawn with liberty; maintainability preliminary objection; demand notice 29.11.2019 un-assailed; recovery certificate and proceedings; Section 75 Employees’ State Insurance Act 1948; Section 75(3) Civil Court jurisdiction barred; withdrawal with liberty to pursue appropriate remedy.

What did the court decide?

Leave and liberty granted to withdraw the present petition with liberty to take recourse to appropriate remedy in accordance with law; the petition, along with the pending application, dismissed as withdrawn. ¶¶16

M/S Protech Impex Vs Employees State Insurance Corporation & Anr. — Delhi HC (2025) — LawSathi Research

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$~69

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 5908/2025, CM APPL. 26918/2025

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M/S PROTECH IMPEX .....Petitioner

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Through: Mr. Sohaib Alam and Mr. Anuj Sharma, Advocates.

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versus

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EMPLOYEES STATE INSURANCE CORPORATION & ANR .....Respondents Through: Mr. K.P. Mavi, Mr. Dinesh Partap Singh, Advocates for respondent no.1 and Mr. Arvind Kumar Bansal, SSO. Mr. Aayushmaan Vatsyayana, Advocate for respondent no.2.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

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% 05.05.2025

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Mr. Mavi, learned counsel appearing for respondent No.1 on advance notice, has taken a preliminary objection as to the maintainability of the present petition. He states that the respondent issued a demand notice on 29.11.2019 which remained un-assailed by the petitioner. He further submits that in terms of Section 75 of the Employees’ State Insurance Act, 1948 (hereinafter, ‘ the Act’ ) the designated Court only has the power to go into the question of determining the liability. He also submits that in terms of Section 75(3) of the Act, the jurisdiction of the Civil Court is barred. Moreover, he submits that in view of the demand notice having remained unanswered, the recovery certificate and proceedings were carried out in pursuance thereof.

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At this stage, learned counsel for the petitioner states, upon

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:58:39

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instructions, that he does not wish to press the present petition and seeks leave to withdraw the present petition with liberty to take recourse to appropriate remedy in accordance with law.

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In view of the above, leave and liberty, as prayed for, are granted and the petition alongwith pending application is dismissed as withdrawn.

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MANOJ KUMAR OHRI, J

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MAY 5, 2025/ rd

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:58:39

M/S Protech Impex v. Employees State Insurance Corporation & Anr.

Case brief

What is this about?

What did the court decide?

M/S Protech Impex v. Employees State Insurance Corporation & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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