Disposed

Zia- Ul- Islam Educational Society v. Sri Rajendra R. Pillay

Telangana HC6 Aug 2021CC/725/2020

Case brief

AI extract

What is this about?

In a contempt case, the petitioner contended that the respondents initiated recovery proceedings under Section 15-G of the ESI Act contrary to a prior High Court order setting aside Section 45-G proceedings. The court closed the contempt case, leaving the petitioner free to seek further remedies against subsequent proceedings.

What did the court decide?

Contempt case closed; petitioner left to take further steps against subsequent proceedings in accordance with law.

Zia- Ul- Islam Educational Society Vs Sri Rajendra R… — Contempt of Court | Telangana HC (2021)

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA

¶2

AT HYDERABAD

¶3

FRIDAY. THE SIXTH DAY OF AUGUST

¶4

TWO THOUSAND AND TWENTY ONE

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE T.VINOD KUMAR

¶7

CONTEMPT CASE NO: 725 OF 2020

¶8

Contempt Case filed Under Sections 10 to 12 of Contempt of Courts Act to punish the respondent herein for willfully violating, disobeying the Order of the High Court dated. 01 .06.2020 in W.P.No.7380 of 2020.

¶9

Between:

¶10

Zia- Ul lslam Educational Society, represented by its, President, Mr.^I\rlasood Abdul Khader, S/o. Late. A. S.Abdul Khader, Situated, at Nallagutta, Secunde rabad-03.

¶11

..Petitione r/Petitioner

¶12

AND

¶13

Sri Ralendra R. Pillay, Recovery Officer, Employees State^lnsurance Corporation, 5-09-23, Hill Fort Road, Adarsh Nagar,^{Hyderabad-63.}

¶14

...Contemnor/Respondent No2

¶15

lA NO: 1 OF 2020

¶16

Petition under Section 15'l CPC praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^{pleased to direct} the Respondent, to refund the amount of Rs. 49,000/- which was illegally^withdrawn from petitioner Bank Account with the Bank of Bahrain and Kuwait, at Punjagutta, Hyderabad, pending disposals of CC.

¶17

Counsel for the Petitioner: SRI K. MOHAN

¶18

Counsel for the Respondents: SRI B. G. RAVINDER REDDY

¶19

The Coud made the following: ORDER

¶20

THE HON'BLE SRI ]USTICE T.VINOD KUM'.R

¶21

CONTEMPT CASE No.725 of 2020

¶22

ORDER

¶23

Learned counsel for the^petitioner submits that the^respondents subsequent to this court passing the order dt.01.06.2020 in W.P.^No. 7380 of 2020, setting aside the proceedings under Section 45-G of the ESI Act, 1948, issued by the Recovery officer for the^period 01.03.201:l t0 31.17.2019, had issued similar^proceedings under Section^.15-G of the^ESI Act, 1948 for earlier and subsequent^period. It is contend€d that the said action of the respondents rs in clear contempt of the order^passed by this court, wherein this court has held that firstly there has to be determination of liability under Section 45-A of the ESI Aci, 1948, before initiating other proceedings including recovery.

¶24

However, learned Counsel for the petitioner submits that against the said proceedings issued by the respondents, the^petitilner intends to avail further remedies ln accordance with law and^prays trat the^present contempt case be closed.

¶25

Accordingly, leaving it open for the petitioner to talie fufther steps against the subsequent proceedings in accordance with lavr, the contempl case is closed. Pending miscellaneous petitions, if any, shali stand closec in the light of this final order.

¶26

SD/. CH. VENKATESWARLU DEPUTY REGISTRAR G

¶27

,TRUE COPY// SECTION OFFICER

¶28

To, 1. Sri Rajendra^{R. Pillay,Recovery Officer'Employer:sState} lnsurance ' Corpotitlon 5-09-23, Hill Fort Road, Adarsh Nagar' Hyderabad-63'

¶29

One CC to^{Sri. K. Mohan, Advocate IOPUC]} -a. o;; cC to Sri. B. G. Ravinder Reddy, Advocate [oPUC] 4. Two CD Copies 5. One SPare^CoPY

'A'-=-

MMK TP

HIGH COURT

DATED: 0610812021

ORDER

:'---
Si.A r6>^<br>irre
I t e<br>,.) 24 AUB2021
\1. r.
.t c .. .'^.cv{ n
_*\ _;;:?

¶36

CC.No.725 of²⁰²⁰

¶37

CLOSING THE^{CONTEMPT CASE}

Zia- Ul- Islam Educational Society v. Sri Rajendra R. Pillay

Case brief

What is this about?

What did the court decide?

Zia- Ul- Islam Educational Society v. Sri Rajendra R. Pillay

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

A.Laxmi Narayana Vs The District Collector (Sw), Mahabubnagar.

A. Laxmi Narayana Vs The District Educational Officer, Mahaboobnagar -509001

M. Krishnama Chary Vs The District Educational Officer

G. Pitchaiah Vs The Commandant 8th Bn.

The National Insurance Company Limited, Karimnagar. Vs Padala Suvarna and 8 Others

The National Insurance Company Limited Vs Khaja Raheemoddin and 2 Others