Patna High Court

M/s Keshav Sheet Grih Pvt. Ltd.versusThe Employees State Insurance Corporation

Decided: 23 March 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The Court granted permission to withdraw the writ petition and directed the petitioner to deposit the requisite court fee before filing before the ESI Tribunal.

Summary

The petitioner, M/s Keshav Sheet Grih Pvt. Ltd., filed an interlocutory application seeking permission to withdraw its writ petition and instead approach the Employees' State Insurance (ESI) Tribunal, Patna, under Section 75 of the ESI Act, 1948. The respondent ESIC had no objection to the withdrawal but required the petitioner to deposit the appropriate court fee before filing before the Tribunal. The High Court, after hearing counsel, allowed the application, directing the petitioner to pay the requisite fee as per Section 75(2B) if the Tribunal lacks a fee account. Consequently, the writ petition was dismissed as withdrawn. The order clarifies procedural compliance for seeking relief before the ESI Tribunal.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition and pursue relief before the ESI Tribunal under Section 75 of the Employees' State Insurance Act, 1948.
Whether the petitioner must deposit the court fee before approaching the Tribunal, and the mode of such deposit.

Legislation cited

Employees' State Insurance Act, 1948 — s. 75, 75(2B)

Subjects

writ petition
withdrawal
ESI Tribunal
Section 75
court fee
interlocutory application
Employees' State Insurance Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.15679 of 2019
                  ======================================================
                  M/s Keshav Sheet Grih Pvt. Ltd. a Company incorporated under the
                  provisions of Companies Act, 1956 having its Registered Office at Marwari
                  Mohalla, P.o. and P.s. and Town and Distt.- Begusarai through its authorised
                  signatory, Amarendra Narayan Ray, male aged about.... S/o Late Adalat Ray,
                  Resident of Masum Ganj, Ward No. 4, P.o.- Chhapra, P.s.- Bhagwan Bazar
                  and Town and distt.- Chhapra Saran

                                                                            ... ... Petitioner/s
                                                    Versus

            1.    The Employees State Insurance Corporation having its office at Panchdeep
                  Bhawan, Jawahar lal Nehru Marg, Patna-800001 through its Regional
                  Director
            2.    The Regional Director/Appellate Authority Employees State Insureance
                  Corporation, Panchdeep Bhawan, Jawahar lal Nehru Marg, Patna-800001
            3.    The Assistant Director Employees State Insureance Corporation, Panchdeep
                  Bhawan, Jawahar lal Nehru Marg, Patna-800001
            4.    The Deputy Director cum Revenue Recovery Officer Employees State
                  Insureance Corporation, Panchdeep Bhawan, Jawahar lal Nehru Marg,
                  Patna-800001

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Mr. Gautam Kumar Kejriwal, Advocate
                  For the Respondent/s   :      Mr. Sudhir Kumar Bijpuria, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                        ORAL ORDER

12   23-03-2026                   Heard learned counsel for the petitioner and learned

                    counsel for the respondent/s.

                                             Re: IA. No. 1 of 2026

                                2. Learned counsel for the petitioner submits that the

                    present interlocutory application has been filed seeking

                    permission to withdraw the present writ petition with liberty to

                    file the case before the ESI Tribunal, Patna.

                                3. Learned counsel appearing on behalf of the ESIC

                    submits that if the petitioner is inclined to withdraw the present

                    writ petition, he has no objection, however, for the purpose of
         Patna High Court CWJC No.15679 of 2019(12) dt.23-03-2026
                                                    2/2




                  seeking liberty to approach the ESI Tribunal, the petitioner may

                  be directed to deposit the appropriate court fee for availing the

                  said remedy.

                               4. In light of the request made by learned counsel for

                  the petitioner, I.A. No. 01 of 2026 is hereby allowed. Permission

                  is granted to withdraw the present writ petition. In case the

                  petitioner files any case before the ESI Tribunal/ESI Court

                  under Section 75 of the ESI Act, 1948, he shall deposit the

                  requisite court fee before the Tribunal. If the said Tribunal does

                  not have an account for deposit of the court fee, the petitioner

                  shall deposit the said court fee with the ESIC, as contemplated

                  under Section 75(2B) of the ESI Act, 1948.

                                         Re:CWJC No. 15679 of 2019

                               5. Since, in view of I.A. No. 01 of 2026, permission

                  has already been granted to withdraw the present writ petition,

                  the present writ petition stands dismissed as withdrawn.



                                                                    (Dr. Anshuman, J.)

Aman Kumar/-

U

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