Dismissed¶25

M/s Keshav Sheet Grih Pvt. Ltd. v. The Employees State Insurance Corporation

Patna HC23 Mar 2026CWJC/15679/2019

Case brief

AI extract

What is this about?

Withdrawal of writ petition; permission to withdraw; liberty to approach ESI Tribunal Patna; IA No. 1 of 2026 allowed; court fee deposit condition; Section 75 ESI Act 1948; Section 75(2B) ESI Act 1948 deposit with ESIC; Employees State Insurance Corporation; M/s Keshav Sheet Grih Pvt. Ltd.; Begusarai company; writ dismissed as withdrawn; Patna High Court CWJC 15679 of 2019; Dr. Anshuman, J.; dated 23-03-2026.

What did the court decide?

Permission to withdraw the writ petition, with liberty to file a case before the ESI Tribunal/ESI Court under Section 75 of the ESI Act, 1948, subject to deposit of the requisite court fee before the Tribunal or, if the Tribunal lacks a deposit account, with the ESIC as contemplated under Section 75(2B) of the ESI Act, 1948. ¶25

M/s Keshav Sheet Grih Pvt. Ltd. Vs The Employees State… — Company and Corporate | Patna HC (2026)

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether the petitioner may be permitted to withdraw Civil Writ Jurisdiction Case No. 15679 of 2019 with liberty to file a case before the ESI Tribunal, Patna. +1 more

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Court's answer

I.A. No. 01 of 2026 is allowed and permission is granted to withdraw the present writ petition.

¶23

Ratio / Principle

If the petitioner files any case before the ESI Tribunal/ESI Court under Section 75 of the ESI Act, 1948, he shall deposit the requisite court fee before the Tribunal.

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Key takeaways

If the said Tribunal does not have an account for deposit of the court fee, the petitioner shall deposit the said court fee with the ESIC, as contemplated under Section 75(2B) of the ESI Act, 1948.ratio¶23

Detailed headnote1 paragraphs

Patna High Court, CWJC No. 15679 of 2019 (M/s Keshav Sheet Grih Pvt. Ltd. v. The Employees State Insurance Corporation and others), decided 23-03-2026 by Dr. Anshuman, J.: On the petitioner's interlocutory application (IA No. 1 of 2026) seeking withdrawal of the writ petition with liberty to pursue the matter before the ESI Tribunal, Patna, and with ESIC raising no objection but requesting a court-fee safeguard, the Court allowed the application and granted permission to withdraw the writ petition. Liberty was granted to file a case before the ESI Tribunal/ESI Court under Section 75 of the ESI Act, 1948, conditioned on deposit of the requisite court fee before the Tribunal and, if the Tribunal has no account for such deposit, with the ESIC as contemplated under Section 75(2B) of the ESI Act, 1948. The writ petition stood dismissed as withdrawn. No order impugned, no precedent cited, no monetary quantum dealt with in the reported text.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15679 of 2019

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M/s Keshav Sheet Grih Pvt. Ltd. a Company incorporated under the provisions of Companies Act, 1956 having its Registered Office at Marwari Mohalla, P.o. and P.s. and Town and Distt.- Begusarai through its authorised signatory, Amarendra Narayan Ray, male aged about.... S/o Late Adalat Ray, Resident of Masum Ganj, Ward No. 4, P.o.- Chhapra, P.s.- Bhagwan Bazar and Town and distt.- Chhapra Saran

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... ... Petitioner/s

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Versus

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The Employees State Insurance Corporation having its office at Panchdeep Bhawan, Jawahar lal Nehru Marg, Patna-800001 through its Regional Director

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The Regional Director/Appellate Authority Employees State Insureance Corporation, Panchdeep Bhawan, Jawahar lal Nehru Marg, Patna-800001

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The Assistant Director Employees State Insureance Corporation, Panchdeep Bhawan, Jawahar lal Nehru Marg, Patna-800001

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The Deputy Director cum Revenue Recovery Officer Employees State Insureance Corporation, Panchdeep Bhawan, Jawahar lal Nehru Marg, Patna-800001

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate For the Respondent/s : Mr. Sudhir Kumar Bijpuria, Advocate

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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12 23-03-2026

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Heard learned counsel for the petitioner and learned

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counsel for the respondent/s.

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Re: IA. No. 1 of 2026

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Learned counsel for the petitioner submits that the present interlocutory application has been filed seeking permission to withdraw the present writ petition with liberty to file the case before the ESI Tribunal, Patna.

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Learned counsel appearing on behalf of the ESIC submits that if the petitioner is inclined to withdraw the present writ petition, he has no objection, however, for the purpose of

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Patna High Court CWJC No.15679 of 2019(12) dt.23-03-2026 2/2

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seeking liberty to approach the ESI Tribunal, the petitioner may be directed to deposit the appropriate court fee for availing the said remedy.

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In light of the request made by learned counsel for the petitioner, I.A. No. 01 of 2026 is hereby allowed. Permission is granted to withdraw the present writ petition. In case the petitioner files any case before the ESI Tribunal/ESI Court under Section 75 of the ESI Act, 1948, he shall deposit the requisite court fee before the Tribunal. If the said Tribunal does not have an account for deposit of the court fee, the petitioner shall deposit the said court fee with the ESIC, as contemplated under Section 75(2B) of the ESI Act, 1948.

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Re:CWJC No. 15679 of 2019

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Since, in view of I.A. No. 01 of 2026, permission has already been granted to withdraw the present writ petition, the present writ petition stands dismissed as withdrawn.

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(Dr. Anshuman, J.)

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Aman Kumar/-

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M/s Keshav Sheet Grih Pvt. Ltd. v. The Employees State Insurance Corporation

Case brief

What is this about?

What did the court decide?

M/s Keshav Sheet Grih Pvt. Ltd. v. The Employees State Insurance Corporation

Case brief

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What the court decided

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