IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6879 of 2004
M/S BATA INDIA LIMITED, THROUGH ITS GENERAL
MANAGER AT & P.O. BATAGANJ, DIGHA, PATNA
- PETITIONER.
Versus
1. THE REGIONAL DIRECTOR, ESI CORPORATION,
PANCHDEEP BHAWAN, JAWAHAR LAL, NEHRU MARG,
PATNA-1.
2. THE DEPUTY REGIONAL DIRECTOR, ESI
CORPORATION, PANCHDEEP BHAWAN, JAWAHAR LAL
NEHRU MARG, PATNA-1.
3. THE REVENUE RECOVERY OFFICER, ESI
CORPORATION, PANCHDEEP BHAWAN, JAWAHAR LAL
NEHRU MARG, PATNA --- RESPONDENTS.
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5/ 01-04-2011 Heard the parties.
It is common ground that the issues involved
in the present proceeding as also in E.S.I. Case No. 5 of
2003, pending in the E.S.I. court, Patna, are exactly same
and similar. At the relevant time, when the present writ
petition was filed, E.S.I. court was not functional.
Therefore, the present writ petition was filed and certain
interim protection was granted to the petitioner by order
dated 30.06.2004.
In view of the changed circumstances and in
view of the fact that E.S.I. court is now functional, and
the date has been fixed for recording evidence in the
matter, Mr. K. N. Gupta, learned counsel appearing on
behalf of the petitioner, has fairly submitted that he may
be permitted to withdraw this writ petition with a liberty
to raise all the issues involved in the present case in the
2
aforesaid ESI Case No. 5 of 2003 pending in the ESI
Court, Patna.
Permission is accorded.
Writ petition is permitted to be withdrawn
with the liberty aforesaid.
It goes without saying that if the petitioner
needs any interim protection, then it would be open to it
to make such a prayer before the ESI court, Patna, which
shall be considered and disposed of in accordance with
law.
BTiwary/ (Birendra Prasad Verma, J.)