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2025 DAILYLAW 78573 (MAD)

INDUSTRIAL SECURITY AND INTELLIGENCE 9INDIA) PVT LTD., v. THE RECOVERY OFFICER

WP/27405/2025 · 2025-09-22

N Mala

Transfer Petitionbody2025

Judgment text

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WP No. 27405 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-09-2025 CORAM THE HONOURABLE MRS.JUSTICE N. MALA WP No. 27405 of 2025 and WMP No. 30770 of 2025 Industrial Security and Intelligence (India) Pvt. Ltd., Rep. by its Chief Executive Officer S.Yuvaraj, No.2/97, Sundnaram Street, Chinmaya Nagar, Stage-1, Virugambakkam, Chennai-600 092. Petitioner(s) Vs 1. The Recovery Officer, Office of the Recovery Officer, Having its Regional Office at, No.143,Sterling Road, Nungambakkam, Chennai-600 034. 2.The Regional Director, Employees State Insurance Corporation, Regional Office, ESI Corporation, Panchdeep Bhawan, No.143, Sterling Road, Chennai-600 034. 3.The Indian Bank, Rep. by its Branch Manager, 1/6 https://www.mhc.tn.gov.in/judis WP No. 27405 of 2025 Rangarajapuram Branch, No.90, Rangarajapuram Main Road, Shakti Nagar Kodambakkam, Chennai-600 024. Respondent(s) Writ petition is filed under Article 226 of the Constitution of India, to issue writ of certiorari, calling for the records pertaining to order dated 12.06.2025 vide TN/RECY/ 45G/ 51000175830001001 passed by 1st respondent and quash the same. For Petitioner(s): Mr.A.M.Venkata Krishnan For Respondent(s): Mr.M.Nirmal Kumar, Standing Counsel for R1 and R2 Mr.T.Sundar rajan for R3 dt. 11/8/25 ORDER Writ petition is filed challenging the Attachment Order issued under Section 45G of the Employees State Insurance Act, attaching the bank account of the petitioner with Indian Bank, Rangarajapuram Branch, Kodambakkam, Chennai, for recovery of sum of Rs.5,34,237/- due from the petitioner towards employer's contributions. 2/6 https://www.mhc.tn.gov.in/judis WP No. 27405 of 2025 2. The learned counsel for the respondents at the time of hearing, submitted that the petitioner closed the bank account with Indian Bank, against which account the attachment order was passed and therefore the writ petition has become infructuous. The learned counsel further submitted that eventhough the Section 45-A order was passed on 07.02.2025, the petitioner had not chosen to file any appeal till date. 3. The learned counsel for the petitioner on the other hand submitted that the 45-A order dated 07.02.2025, was received by the petitioner only on 23.08.2025 and even before the appeal could be filed, the impugned attachment order was passed. 4. In view of the fact that the bank account of the petitioner against which the attachment order has been passed is closed, as rightly contended by the learned counsel for the respondents, the writ petition has become infructuous. Further, as the 45-A order was received by the petitioner only on 23.08.2025, the petitioner is granted liberty to file the appeal against the 45-A order dated 07.02.2025, in a manner known to law. 3/6 https://www.mhc.tn.gov.in/judis WP No. 27405 of 2025 The writ petition is accordingly disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. dsn 22-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No 4/6 https://www.mhc.tn.gov.in/judis WP No. 27405 of 2025 To 1.The Recovery Officer, Office of the Recovery Officer, Having its Regional Office at, No.143,Sterling Road, Nungambakkam, Chennai-600 034. 2.The Regional Director, Employees State Insurance Corporation, Regional Office, ESI Corporation, Panchdeep Bhawan, No.143, Sterling Road, Chennai-600 034. 3.The Branch Manager, Indian Bank, Rangarajapuram Branch, No.90, Rangarajapuram Main Road, Shakti Nagar Kodambakkam, Chennai-600 024. 5/6 https://www.mhc.tn.gov.in/judis WP No. 27405 of 2025 N.MALA J. dsn WP No. 27405 of 2025 22-09-2025 6/6 https://www.mhc.tn.gov.in/judis