The present writ application has been preferred praying for a direction
upon the respondents not to give effect to the prohibitory order/orders dated 2 nd
June, 2025 and any other notices of demand/recovery orders in relation to the
period of 12/2010 to 07/2016, till the disposal of this application; and to remove the
‘lien’ marked on the bank accounts of the petitioner maintained with the respondent
banks.
It is the contention of the petitioner that there has been a change of
management and for the first time, the petitioner has become aware that an order
under Section 45G of the ESI Act, 1948 was issued by the Recovery Officer to the
State Bank of India and the other bankers wherein accounts of the petitioner are
maintained. The petitioner, at pages 71 and 72 of the petition has enclosed
documents to show that ‘hold’ has been removed on certain amount. In view of the
garnishee order under Section 45G of the ESI Act, dated 2 nd June, 2025 wherein an
amount of Rs.56,94,813/- has been sought to be recovered along with interest till the
date of remittance. It is the further contention of the petitioner that the period for
which the said amount is being claimed on and from 2011 to 2016, the petitioner
company was not functioning and the said fact has been substantiated by way of
placing the document at page 28 wherein it appears that the Regional Manager of
WBSEDCL, South 24 Parganas, on the basis of office records, has stated vide his
letter dated 15th September, 2016 that the bulk connection was permanently
disconnected on 23rd January, 2011. Page 29 of the application are documents being
the money receipts showing that the factory had got a new connection and the
receipts are dated 22nd September, 2016.
[ad_1]
Source link