- (1.) HEARD Sri Rajiv Ranjan, learned counsel for the petitioner, Sri Rajan Raj, advocate for the respondent No. 2 to 4 and J.C. to G.P. -III for the respondent State.
(2.) THE petitioner in this writ application has challenged the order dated 25.11.2005 (annexure -6) issued by the Recovery Officer, Employees State Insurance Corporation (Respondent No. 4) whereby an amount of Rs. 29,53,351/ -, purported to be dues payable by the Indian Steel Wire Products Limited, Jamshedpur (Respondent No. 5), has been demanded from the petitioner and the amount has been attached. The demand of the aforesaid amount from the petitioner -company was made by the Respondent No. 4 on the ground that the petitioner -company has taken over the management and control of the Respondent No. 5 company and therefore the petitioner -company is liable to pay the dues which had accrued and was payable by the Respondent No. 5 company. Contesting the impugned order of demand, the petitioner has protested that the petitioner - company has no legal liability to pay any dues of the Respondent No. 5 company since the Respondent No. 5 company is totally a different and distinct entity of its own and it is not a fact that the petitioner -company either owns or controls the management of the Respondent No. 5 company.
(3.) DURING the pendency of this writ application, this Court vide its order dated 10.07.2006 had stayed the recovery of the demanded amount from the petitioner company. It was however informed later, that prior to the passing of the interim order, the entire amount stood already attached by the Respondent No. 4 from the petitioner's bank account on 04.07.2006.;