WP/40518/2026 of M/s. Hotel Southern Comfort Vs RECOVERY OFFICER on 3 November 2026

ORDER

This case is listed under the caption "for being mentioned", after order was passed on 26.10.2026.

2. It is informed that the petitioner is dependant on the bank account which has been attached, and since time has been given to pay the amount in 15 equated monthly installments starting from 15.11.2026, paragraph No.7 of the

C.SARAVANAN, J. RNA order dated 26.10.2026 may be suitably modified to permit the petitioner to operate the bank account in order to comply with the said order.

3. Having considered the submissions made by the learned counsel for the petitioner and the learned standing counsel for the respondent, paragraph 7 of the order, in my view, deserves modification; otherwise, the relief granted to the petitioner in paragraph 5 cannot be complied with.

4. Considering the same, paragraph 7 shall be substituted as follows: "It is made clear that the attachment of the petitioner's bank account shall stand lifted for the petitioner to operate the same. It is also made clear that in case petitioner fails to pay any of the installments as ordered in paragraph 5, the respondent is at liberty to request the bank for re-attaching the petitioner's bank"

5. The Registry is directed to issue a fresh copy of the order with the above corrections to the petitioner and the respondent. 03-11-2026 RNA

and W.M.P.No.45464 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-10-2026

CORAM

THE HON'BLE MR JUSTICE C. SARAVANAN W.P.No.40518 of 2026 and W.M.P.No.45464 of 2026 CNR: {HCMA012317112026} M/s.Hotel Southern Comfort, Rep. by its Managing Partner, H.Ebrahim Sha, No.5, Old Station Road, GST Main Road, Meenambakkam, Chennai 600 027. ..Petitioner(s) Vs Recovery Officer, Employees’ State Insurance Corporation, Regional Office, 143, Sterling Road, Nungambakkam, Chennai 600 034. ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records of Impugned demand notice bearing Ref.No.TN/RECY/45G/ 51001191880001101/CCR- VARIOUS CCRS dated 30.03.2026 for a sum of Rs.33,45,871/- passed by the Recovery Officer, ESI Corporation, the Respondent herein and quash the same and direct the Respondent to allow us to pay the due amount of Rs.33,45,871/- (Rupees Thirty Three Lakhs Forty Five Thousand Eight Hundred and Seventy one only) in 36 equal monthly installments.

For Petitioner(s): Mr.P.Thangaraju For Respondent(s): Mr.C.Paranthaman Standing counsel

ORDER

The Petitioner has challenged the Impugned demand notice bearing Ref.No.TN/RECY/45G/51001191880001101/CCR- VARIOUS CCRS dated 30.03.2026 for a sum of Rs.33,45,871/- passed by the Recovery Officer, ESI Corporation (the Respondent herein), seeking to quash the same and to direct the Respondent to allow the Petitioner to pay the due amount of Rs.33,45,871/- (Rupees Thirty Three Lakhs Forty Five Thousand Eight Hundred and Seventy one only) in 36 equal monthly installments.

2. The learned counsel for the Petitioner submits that the Petitioner will comply with the stipulations in the impugned order. However, he prays for an extension of time for depositing the amount in installments.

3. Specifically, the learned counsel for the Petitioner submits that the Petitioner will deposit the amount in 30 equated monthly installments.

4. The learned Standing Counsel for the Respondent, on the other hand, would submit that impugned recovery notice / impugned recovery order was issued pursuant to orders passed during 2020 – 2025. Hence, the Petitioner should be directed to deposit the entire amount confirmed vide orders passed in CP-2, as detailed in the annexure to the impugned order.

5. Having considered the submissions made by the learned counsel for the Petitioner and the learned Standing Counsel for the Respondent and recording the consent to dispose of this Writ Petition at the time of admission, this Writ Petition is disposed of by directing the Petitioner to deposit the amount due under the provisions of the ESI Act in 15 equated installments starting from 15.11.2026. The amount shall be paid periodically until the entire amount is discharged without any fail.

6. In case the Petitioner fails to comply with the above stipulations, it will be construed that this order passed by this Court has been automatically withdrawn without further reference. In such case, the Respondent is at liberty to proceed against the Petitioner in accordance with law.

7. Subject to the Petitioner complying with the above stipulations, the attachment of the bank account of the Petitioner shall also stand automatically vacated.

8. This Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is closed. 26-10-2026 Neutral Citation: Yes/No jas To The Recovery Officer, Employees’ State Insurance Corporation, Regional Office, 143, Sterling Road, Nungambakkam, Chennai 600 034.

C.SARAVANAN, J. jas W.P.No.40518 of 2026 and W.M.P.No.45464 of 2026 26-10-2026