K.S.Garewal, J. - (1.) The petitioner's application under Section 75 of the Employees State Insurance Act (for short "the Act") is pending before the Court empowered under the Act (Civil Judge, Senior Division, Sonepat) and is fixed for February 25, 2006. The petitioner has annexed a copy of the said application as Annexure P/2. Therein, the petitioner has prayed that the order passed against the petitioner under Section 45-A of the Act be setaside and the recovery be stayed till the disposal of the petition. The petitioner has also filed an application for ad-interim injunction under Order 39 Rule 1 & 2 read with Section 151 of the Code of Civil Procedure for restraining the defendants from recovering the amount in question.
(2.) Copy of this application is annexed as Annexure P/3. Furthermore, the petitioner has also filed an application under Section 75(2) of the Act for waiver of deposit of 50% of the amount. Copy of this application is annexed as Annexure P/3-A with this petition. On February 15, 2006, Employees' State Insurance Corporation, Faridabad, respondent No.1, has issued an order to Recovery Officer, respondent No. 4, for recovery of about Rs. 43.98 lacs from the petitioner-company.
(3.) Learned counsel for the petitioner contends that a mode of recovery in such cases is given in Section 45-C of the Act and recovery can be made either by attachment and sale of the movable and immovable property, arrest of the employer and his detention in prison or appointment of a Receiver. It is obvious that the above modes are quite harsh.;