Mr. Justice R. Vijayakumar

As per Section 93A of the ESI. Act, whenever a transfer of an establishment takes place, the Corporation is at liberty to proceed either against the transferor or against the transferee or against both of them – Vidyasagar Textiles Vs. The Deputy Director Sub Regional Office (Madurai) Employees State Insurance Corporation – Madras High Court

Hon’ble High Court held that as per Section 93-A of the E.S.I. Act, whenever a transfer of an establishment takes place, the Corporation is at liberty to proceed either against the transferor or against the transferee or against both of them. Therefore, the contention of the learned counsel for the employer that the Corporation has to proceed only as against the purchaser under the SARFAESI Act is not legally sustainable. It is pertinent to point out that the contribution relates to the period between November 1999 and August 2000. During the said period the establishment was under the management of the appellant.

As per Section 93A of the ESI. Act, whenever a transfer of an establishment takes place, the Corporation is at liberty to proceed either against the transferor or against the transferee or against both of them – Vidyasagar Textiles Vs. The Deputy Director Sub Regional Office (Madurai) Employees State Insurance Corporation – Madras High Court Read Post »

Without exhausting the remedy before the Debts Recovery Tribunal, the remedy under Article 226 of the Constitution cannot be invoked – Kayalvizhi Vs. The Authorized Officer, Canara Bank Ltd. – Madras High Court

Hon’ble High Court held that we are of the view that without exhausting the remedy before the Debts Recovery Tribunal, the petitioner cannot invoke the remedy under Article 226 of the Constitution. Therefore, the Writ Petition is dismissed with liberty to the petitioner to approach the Debts Recovery Tribunal, for appropriate remedy.

Without exhausting the remedy before the Debts Recovery Tribunal, the remedy under Article 226 of the Constitution cannot be invoked – Kayalvizhi Vs. The Authorized Officer, Canara Bank Ltd. – Madras High Court Read Post »

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