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2026 DAILYLAW 48222 (MAD)

M/s.Seshadri Protective Coatings v. THE RECOVERY OFFICER

WP/17112/2026 · 2026-07-10

K Surender

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 17112 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.JUSTICE K. SURENDER WP No. 17112 of 2026 and WMP Nos.18402 & 18403 of 2026 M/s. Seshadri Protective Coatings, Rep. by Proprietor R.Prabhakaran, Plot No.217, TTC Nagar, Adhanur, Guduvanchery, Chennai-603 202. ..Petitioner Vs 1. The Recovery Officer, Employees State Insurance Corporation, Office of Recovery Officer, No.143, Sterling Road, Nungambakkam, Chennai-600 034. 2. The Branch Manager, Karur Vysya Bank, Guduvancherry, Opp. to EB office, Chennai-603 202. ..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order (Letter No.TN/ RECY/ 45G/ 51001187950001099/ CCR-120331) dated 17.11.2025 issued by the 1st respondent and the consequential recovery proceedings initiated pursuant thereto quash the same as illegal, arbitrary and violative of the principles of natural justice, and consequently direct the respondents to forbear from taking any coercive recovery action, including attachment or freezing of the petitioners bank accounts in any manner whatsoever. https://www.mhc.tn.gov.in/judis WP No. 17112 of 2026 __________ Page2 of 5 For Petitioner(s): Mr. S. Kathiravan For Respondent(s): Mr. M. Palanimuthu (for R1) ORDER The Writ Petition has been filed challenging the impugned order (Letter No.TN/ RECY/ 45G/ 51001187950001099/ CCR-120331) dated 17.11.2025 issued by the first respondent and the consequential recovery proceedings initiated pursuant thereto, and seeking to quash the same as being illegal, arbitrary and violative of the principles of natural justice. The petitioner has also sought a consequential direction forbearing the respondents from taking any coercive recovery action, including attachment or freezing of the petitioner’s bank accounts, in any manner whatsoever. 2. The grievance of the petitioner is that the address of the petitioner had changed and that, without giving any notice to the petitioner, the impugned order came to be passed. 3. A perusal of the impugned order passed by the first respondent reveals that an effective alternative remedy lies before the Employees’ State Insurance (in short ‘ESI’) Tribunal (the Employees' Insurance Court) under the Employees' State Insurance Act, 1948. https://www.mhc.tn.gov.in/judis WP No. 17112 of 2026 __________ Page3 of 5 4. During the course of hearing, this Court directed the petitioner to approach the first respondent. It is informed that the petitioner has approached the first respondent and that the respondents are inclined to consider and settle the outstanding dues. However, the petitioner is yet to be afforded an opportunity of hearing. 5. In such circumstances, it is open to the petitioner either to pursue the settlement before the first respondent or approach the ESI Tribunal to challenge the impugned order in the manner known to law. 6. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are also closed. 7. However, considering the facts and circumstances of the case, this Court directs the respondent not to initiate any coercive action against the petitioner for a period of two weeks from the date of receipt of a copy of this order. 10-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No klt https://www.mhc.tn.gov.in/judis WP No. 17112 of 2026 __________ Page4 of 5 To 1. The Recovery Officer, Employees State Insurance Corporation, Office of Recovery Officer, No.143, Sterling Road, Nungambakkam, Chennai-600 034. 2. The Branch Manager, Karur Vysya Bank, Guduvancherry, Opp. to EB office, Chennai-603 202. https://www.mhc.tn.gov.in/judis WP No. 17112 of 2026 __________ Page5 of 5 K.SURENDER, J. klt WP No. 17112 of 2026 and WMP Nos.18402 & 18403 of 2026 10-07-2026 https://www.mhc.tn.gov.in/judis