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2023 Supreme(Telangana) 109

K. LAKSHMAN
Aishu Castings Limited – Appellant
Versus
Employees State Insurance Corporation, Hyderabad – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R.V. Nagabhushanam Rao.
For the Respondents: G. Venkateshwarlu, M. Hamsa Raj.

ORDER :

1. Heard Mr. R.V. Nagabhushanam Rao, learned counsel for the petitioner and Mr. G. Venkateshwarlu, learned Standing Counsel for respondent Nos.1 and 2 and also Mr. M. Hamsa Raj, learned Standing Counsel for respondent No. 3. This writ petition was dismissed against respondent No. 4 vide order dated 19.03.2014.

2. This writ petition is filed to declare the proceedings No. 52.Q/6068-57, dated 22.04.2009; No. AP/Ins-1/52-6068-57, dated 11.02.2010; No. 52Q6058, dated 12.08.2010 and No. AP/Ins.1/52-6068-57/241/2010, dated 24.03.20211 of respondent Nos.1 and 2 as illegal and to set aside the same and for a consequential direction to the respondents to refund the amount of Rs.3,36,400/- together with interest to the petitioner.

3. The petitioner herein is a Company and had purchased assets offered for sale by respondent No. 3 in exercise of powers conferred upon it under Section-29 of the State Financial Corporations Act, 1951 (for short ‘Act, 1951’) belongs to respondent No. 4. A Sale deed was executed by respondent No. 3 in favour of the petitioner on 23.11.2004.

    (i) According to respondent Nos.1 and 2, respondent No. 4 is due and liable to pay Rs.3,36,400/- towards ESI contribution

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