M/S.Rapidcare Transcription Pvt Ltd v. The Employees State Insurance Corporaiton
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2025
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL and W.M.P.Nos.691 and 692 of 2022 M/s.Rapidcare Transcription Private Limited, Rep. by its Managing Director, Mr.V.L.Venkatasubramanian, No.21, New No.41, VLV Complex, 2nd Floor, Mount Road, Little Mount, Saidapet, Chennai - 600 015.
...Petitioner
Vs 1.The Employees State Insurance Corporation, Rep by its Regional Director, 143, Sterling Road,Chennai - 600 034.
2.Employees State Insurance Corporation Represented by its Deputy Director, 143, Sterling Road,Chennai - 600 034.
3.HDFC Bank Limited, Represented by its Branch Manager, Old No:#4, New No.105, Habibullah Road, T.Nagar, Chennai - 600 017.
... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorari to call for the records of the 2nd respondent culminated in the impugned order dated 07.01.2022 vide No.TN/RECY/45G/51 51000774270001008/CCR-68712-103455 passed by the 2nd respondent attaching the amounts in the petitioner's Bank Current 1/4
Account Number:186425600000235 held with HDFC Bank, Habibullah Road Branch, T.Nagar, Chennai - 600 017 and quash the same. For Petitioner : Mr.D.Ferdinand for BFS Legal For Respondents : Mr.S.P.Srinivasan for R1 and R2 Mr.C.Senapathi for R3
O R D E R
This writ petition is filed to quash the impugned order passed by the second respondent vide No.TN/RECY/45G/51 51000774270001008/CCR-68712-103455, dated 07.01.2022.
2. The learned counsel appearing for the petitioner would submit that the second respondent passed the impugned order without giving any opportunity that too, when the appeal against the order passed by the ESI Court in CMA.No.2949 of 2021 is pending before this Court and even after the interim order passed by this Court, the bank account of the petitioner has been attached through the impugned order. Therefore, the order passed by the second respondent is liable to be quashed.
3. The learned counsel appearing the respondents 1 and 2 would submit that since the ESI Court dismissed the claim of the petitioner, 2/4
they proceed to execute the order and also passed the attachment order. This Court passed an interim order in CMA.No.2949 of 2021 but the same was not communicated to the respondents, hence they executed the order by way of attachment.
4. Since the order of ESI Court itself is under challenge and this Court granted interim stay as against the order passed by ESI Court, the respondents can recover the amount, after disposal of the CMA.No.2949 of 2021.
5. Accordingly, this writ petition is allowed and the impugned attachment order passed by the second respondent in TN/RECY/45G/51 51000774270001008/CCR-68712-103455, dated 07.01.2022 is quashed and the attachment is ordered to be raised. No costs. Consequently, connected miscellaneous petitions are closed. 03.07.2025 Index : Yes/No Speaking order:Yes/No ub 3/4
P.DHANABAL , J.
ub To 1.The Employees State Insurance Corporation, Rep by its Regional Director, 143, Sterling Road, Chennai - 600 034.
2.Employees State Insurance Corporation Represented by its Deputy Director, 143, Sterling Road, Chennai - 600 034.
3.HDFC Bank Limited, Represented by its Branch Manager, Old No:#4, New No.105, Habibullah Road, T.Nagar, Chennai - 600 017.
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