K.M. Thaker, J.

1. In present petition, the petitioner, a proprietary concern, has prayed, inter alia, that:

"17(a) YOUR LORDSHIPS may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction quashing and setting aside the communication dated 14.11.2013 and 20.11.2013 issued by the respondents directing the petitioner to make payment of an amount of Rs. 1,41,88,446/- plus further interest and damages to the Employees State Insurance Corporation and further be pleased to hold that the petitioner is not liable to pay any amount towards the dues of the respondent No. 2;

(b) Pending admission and final hearing of this petition, YOUR LORDSHIPS may be pleased to stay and implementation, operation and execution of the impugned communications dated 14.11.2013 and 20.11.2013 issued by the respondents."

The petitioner is aggrieved by communications dated 14.11.2013 and 20.11.2013. So as to appreciate and decide the petitioner's grievance and the dispute raised by present petitioner, it is necessary to take into account relevant facts. In this context, the petitioner has averred and stated that:

"4. The petitioner is an entrepreneur and the respondent No. 1 Corporation has issued a public notice dated 24.5.2011 in the Gujarat Samachar daily for sale of Plot No. 2103/A, GIDC Estate, Halol admeasuring 30335 sq. mts. leasehold land along with plant and machineries and the construction standing thereon which was belonging to loanee of respondent Corporation M/s. Ezy Slide Fasteners Limited, under the power of the Corporation under Section 29 of the State Financial Corporation Act, 1951 (for short 'SFC Act'). The Corporation called for the tenders from the purchasers who intend to take part in the tender procedure. The petitioner was interested in purchase of the above property.

5. It is respectfully submitted that the petitioner took part in the public auction held on 23.6.2011 and he offered his price of Rs. 1,11,11,111/- for purchase of the said assets. The offer of the petitioner being highest was accepted by the Recovery Committee of the respondent No. 1 Corporation in its meeting dated 14.7.2011 and Sale Letter dated 22-7-2011 was issued in favour of the petitioner.

6. It is further submitted that as per the terms of the sanction letter, the petitioner paid the sale consideration of Rs. 1,11,11,111/- to the respondent No. 1 Corporation and, therefore, possession of the assets in question was given by the respondent No. 1 Corporation to the petitioner. It is submitted that the respondent No. 1 Corporation entered into registered Sale Deed-cum-assignment of leasehold right with the petitioner dated 14.12.2012.

7. It is submitted that sale of the assets were on AS IS WHERE IS BASIS. It is submitted that, however, to the shock and surprise of the petitioner, the respondent No. 2 addressed a letter to the respondent No. 1 Corporation dated 14.11.2013 demanding dues of Rs. 1,41,88,446/- + interest and damages from the petitioner. In pursuance of the said letter of the respondent No. 2, the respondent No. 1 Corporation addressed communication to the petitioner dated 20.11.2013 asking the petitioner to pay an amount of Rs. 1,41,88,446/- being the dues of ESIC of the previous owner i.e. Ezy Slide Fasteners Limited. Furthermore, the Corporation also requested the ESIC to communicate directly with the petitioner in this regard.

8. It is submitted that on receipt of the said letter, the petitioner approached the respondent No. 1 Corporation making grievances about the liability to pay the said amount. However, instead, the respondent No. 1 Corporation informed the petitioner that as per the conditions of the Sale letter and Sale Deed executed between the petitioner and the Corporation, it is the duty of the petitioner to pay the said dues of ESIC."

2. It emerges from the facts stated by the petitioner that a company which carried on business in the name and style of "Eazy Slide Fasteners Limited" (hereinafter referred