1. M/s. Hotel Vegas v. 063

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be preased to issue a writ of certiorari or any other appropriate writ calling for the records pertaining to the order passed by the Respondent No'3 vide Proc.No.TS/lns-lV/52-00-o65B6B-000-1 101t11g2V5' dl 11-O3-2O22 and consequentialorderofattachmentvideProc.No.52Q/65868-1101,d1.16-1o-2o24 passed by the respondent No'4 and arrest and imprisonment vide Proceedings No.65868-1 10 1, d1.15-11-2O24 and setaside the same' as the same as same are inviolationofprinciplesofnaturaljustice'illegal'arbitrary'againstprocedureas contemprated under the Act and unconstitutionar and consequenry direct the respondent No.3 to r;onsider the representation submitted by the petition et on 21_ 10-2024 about the crosure of petitioner,s hoter and discharge the petitioner from payment of amount as demanded by the respondents and to pass orders on it. lA NO: 1 OF 2024 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in s.rpport of the petition, the High court may be preased to stay the order of attachment vide proc.No.52Ql65g68-1101, dt.16-10-2024 passed by the respondent No.4 pending disposal of writ petition. lA NO:2 oF 2024 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to stay the proceedings of arrest and imprisonment vide proc. No.6586g_1 101, dt.15-1 1- 2024 passed by the respondent No.4 pending disposal of writ petition. Gounsel for the petitioners: SRI K. JAGADISHWAR REDDY Counsel for the Respondents: SRI G. PAVAN KUMAR The Court made the foltowing: ORDER THE HONOURABLE SRI JUSTICEJ.SREENTVAS RAO - WRIT PETITION No.3533 9 0F 2024 - ORDER: This writ petition is frled for the following reliet "... to issue a writ of certiorari or any other appropriate writ calling for the records pertaining to the order passed by the respondent No'3 vide Proc.No.TS/lnsJv/ 52-00-065868-000- 1 10 1 / i 192V5' dated 11.O3.2O22 and consequential order of attachment vide Proc.No52Q/65868-110i' dated 16.10.2024 passed by the respondent No'4 artd arrest and imprisonment vide proceedings No 65868-1101' dated 15.1.2024 arrd set aside the same, as the same are in violation of principles of natural justice' illegal' arbitrary, against procedure as contemplated under the Act and unconstitutional and consequently direct the respondent No.3 to consider the representation submitted by the petitioner on 2l 'lO '2024 about the closure of petitioners' hotel and discharge the petitioner from payment of amount as demanded by the respondents." 2 ;ri

2. Heard Siri K. Jagadishwar Reddy, learned counsel for the petitioners and Sri G. Pavan Kumar, learned counsel for respondenl. Nos. 1 to 4.

3. Learned -counsel for the petitioners submits that respondent N,r.3 initiated the proceedings by exercising the powers conferred under the provisions of the Employees State Insurance Act, 1948 (hereinafter referred to as "the Act") and passed the impugned order dated 1 I.O3.2O22 under Section 45-A of the Act without giving opportunity, including personal hearing, as required under the proviso to Section 45-.A of the Act and the same is in gross violation of the principles of natural justice . Respondent No,3 a-lso issued the im pugned show cause notice dated 15.71.2024 directing the petrtioners to remit aI1 amount of Rs.lO,Ol,624/- ald the same is contrary to the provisions of the Act.

4. Per contra, learned counsel appearing on behalf of the respondents submits that against the impugned order passed by respondent No.3, remedy of appeal is available to the petitioners unc,er€iettion 45-AA of the Act. The petitioners ;l*-xi i 3 without availing ttre said remedy straight away approached the Court and filed the present writ petition' which is not maintainable in law.

5. Learned counsel for the petitioners by way of reply submitted that the petitioners may be permitted to avail the remedy of appeal before the appellate authority and requested the Court to direct the appellate authority to entertain the appeal without insisting on the issue of delay'

6. Learned counsel for the respondents submitted that unless the petitioners deposit the amount pursuant to the impugned order dated l1.o32}22' they are not entitled to seek the liberty of filing the appeal' Learned counsel for the petitioners submitted that the 7 . petitioners are ready to deposit the amount ol Rs'5'99'445/- pursuant to the order passed by respondent No'3 dated \ r1.o3.2022. 8 The petitioners filed this writ petition in the month of Decernbet, 2024. Taking into consideration the facts and I i I ( 4 .: circumstances of the case, the petitioners are grantecl liberty to file an appeal against the order dated 11.O3.2O22 passed by respondent No.3 by invoking the provisions of Section 45-AA of the Act within a period of two weeks from the date of receipt of a copy of this order, subject to ttre conditron that the petitioners shall deposit an amount of Rs.5,99,445/- along with the appeal and on filing of such appeal, the appellate auth ority is directed to entertain the said appeal without insisting on the issue of delay in filing the appeal Respondent No.3 is further directed to dispose'of the appeal in accordance with law. With the above directions, the writ petition is disposed of. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs. //TRUE COPY// SD/- L. LAKSHMI BABU GISTRAR ASS ISTANT RE rl !\- T'SECTION OFFICER ffi ,A":3,UHLBT?j,:",.idJ::,:[B'ffi i..",ft ,R j:::xff :,ffj8:i:ll",lerabad. *$ft;"*t"q#;l:t+$ury#tfr'lr"-rru,*#ffi F;;ffi ,';i-ii'Ury'r{ffi:i,t-}1ru;F,!ir"?"ilr'33'd35:' \ \ To, 1 2 4 5

6.d J HIGH COURT CC TODAY DATED:1 110212025 ORDER ; ,\*- Li I4 i ( a-' -r+ 1i:iB 1U .;\ ,"i WP.No.35339 of 2024 \ rt DISPOSING OF THE WRIT PETITION WITHOUT COSTS ., co{4 &r"