IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE Mr. JUSTICE G.NARENDAR CRIMINAL PETITION NO.7909/2019 BETWEEN 1. M/S RAJESH EXPORTS LIMITED PLOT NO.2, ROAD NO.8 EPIP, WHITEFIELD, BANGALORE-560066 REP. BY ITS MANAGING DIRECTOR SRI PRASHANTH MEHTA 2. M/S RAJESH EXPORTS LIMITED MANAGING DIRECTOR M/S. RAJESH EXPORTS LIMITED, (BY SRI RAJU P, ADV.) AND THE SOCIAL SECURITY OFFICER E.S.I CORPORATION NO.10, BINNYFIELDS BINNYPET, BANGALORE-560023 REPRESENTED BY SOCIAL SECURITY OFFICER E S I CORPORATION ...PETITIONERS …RESPONDENT THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER AT ANNEXURE A DATED 17.09.2019 IN C.C.NO.206/2019 PASSED BY THE HON’BLE SPECIAL COURT FOR ECONOMIC OFFENCES, BENGALURU.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners 2. The petition is canvassed on the short ground that the order by the competent authority under the Employees’ State Insurance Act, 1948 is the subject matter of an appeal before the Division Bench of this Court in MFA No.6606/2019 and that in the said appeal, the Division Bench on 14.11.2019 has been pleased to grant a conditional interim relief in the following manner and proceeded to stay the operation of the impugned order dated 30.01.2019 under which the statutory dues from the petitioners came to be quantified and became payable.
‘Interim stay of the impugned order dated 30/01/2019, subject to the appellant depositing Rs.10,00,000/- [Rupees ten lakhs only], before this Court, within a period of two weeks from today, failing which the interim order shall stand vacated automatically.’ 3. It is further submitted by learned counsel for the petitioners that the interim order granted by the Division Bench of this Court has been brought to the notice of the trial Court i.e., the Special Court for Economic Offences, Bengaluru and despite the same, the trial Court has proceeded to register the case against accused Nos.1 and 2 for the offence punishable under Section 85 (i) (b) of the ESI Act, 1948.
4. In this background, this Court is of the opinion that the matter could be disposed of by directing the trial Court to await the decision in the appeal pending before the Division Bench in MFA No.6606/2019.
5. Accordingly, the petition is disposed of with a direction to the trial Court not to perpetuate the hearing, pending disposal of MFA No.6606/2019. The trial Court shall pass appropriate orders after disposal of the MFA No.6606/2019.
In the light of the order passed, notice to respondent is dispensed with.
Sd/- JUDGE dn/-
CT-HR