High Court of Judicature at Allahabad
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M/S R.B. Packaging Industries Thru Its Partner v. The Regional Dirctor, E.S.I.C. And Others - WRIT - C No. 11418 of 2007  RD-AH 3701 (2 March 2007)
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner and Sri P. K. Srivastava appearing for the respondents.
By this writ petition the petitioner has prayed for quashing the order dated 31.12.2004 passed by the respondent No. 2 under Section 45A of the Employees State Insurance Act for the period from 1.10.2003 to 31.3.2004. Petitioner's case in the writ petition is that in reply to the notice the petitioner has submitted its objection and date was fixed as 27.12.2004. Petitioner's further case is that on the said date petitioner could not appear and a fax was sent requesting for adjournment . However, without taking notice of the said request the order has been passed on 31.12.2004. Petitioner submits that an application has already been made on 30.5.2005 for recall of the order dated 31.12.2004 but the same has not been decided and a recovery notice has been issued on 29.1.2007. Considering the submission of the petitioner that an application was filed on 30.5.2005 which is for recall of the order on the ground that it was ex parte is still pending, ends of justice be served in disposing of the writ petition directing the respondent no. 2 to consider and take appropriate decision on the application dated 30.5.2005. In case the said application has not yet been decided, the decision shall be taken by the respondent no. 2 preferably within a period two motnhs from the date of production of a certified copy of this order . Till the decision is taken by the respondent no. 2 the recovery notice dated 27.1.2007 shall be kept in abeyance. However, it will be open to the respondent to proceed in accordance with law after disposal of the said application.
With the above observations the writ petition is disposed of.
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