S. G. Shah v. Employees State Insurance Corporation
2013-03-01
Vijay Manohar Sahai
body2013
DigiLaw.ai
Judgment Vijay Manohar Sahai, J.—We have heard learned counsel Mr. Sachin D. Vasavada, for the appellant, Mr. Amar Bhatt for respondent No. 1, Mr. Pranav G Desai for respondent No. 2 and Ms. Minoo A Shah for respondent No. 3. 2. Under Section 45-G(3)(i) of the Employees’ State Insurance Act 1948, the appellant issued an order to the respondent No. 2, Bank of Baroda, to attach the bank account and transfer the fund to the appellant’s account. The respondent no. 2 Bank of Baroda refused to remit the amount of Rs. 2,11,244/- to the ESI fund Account No. 1 of the appellants Corporation. Therefore, the appellant declared the respondent No. 2 Bank of Baroda as deemed defaulter under Section 45-G(3)(x), and requested the Reserve Bank of India, the respondent No. 1, to remit the said amount to the appellant. 3. The Reserve bank of India, has filed an affidavit-in-reply, wherein paragraph No. 5, it has been stated that the Reserve Bank of India is ready to remit the amount to the appellant’s account. Paragraph No. 5 of the affidavit-in-reply is reproduced below: “The petitioner has no cause of action to file the present petition against the RBI. The petitioner is not entitled to invoke the extra ordinary jurisdiction of this Hon’ble Court under Article 226 of the Constitution of India. Without prejudice to what is stated above is submit that RBI is prepared to deposit in the Court or remit to the petitioner ESIC the amount what was recovered from the current account of Bank of Baroda and kept in the Sundry Deposit Account as per the directions that may be issued by the Hon’ble Court.” 4. Since the amount has been recovered by the Reserve Bank of India and the Reserve Bank of India is ready to pay the amount to the appellant and debit it in the account of Bank of Baroda, Therefore, no further order is required to be passed. 5. This Letters Patent Appeal is disposed of with a direction to the respondent No. 1 Reserve Bank of India to remit the amount of Rs. 2,11,244/- in ESI fund Account No. 1 of the appellant within a period of Six weeks from the date, copy of this order is produced before the respondent No. 1. Direct service is permitted. 6. In view of the order passed in the main matter Civil Application is also disposed of.