M/S.Rapid Solution (I) Pvt Limited v. The Recovery Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.NO.6708 OF 2021 AND W.M.P.NOS.7262 & 7263 OF 2021 M/s.Rapid Solution (I) Pvt Limited, Rep.by its Director, Mr.Arihantkumar N Jain, Old No.41, New No.105, Dr Alagappa Road, Purasawalkam, Chennai - 84.

...Petitioner

Vs.

1. The Recovery Officer, Employees Provident Fund Organization,

2. The Regional Provident Fund Commissioner, Employees, Provident Fund Organization,

3. The Branch Manager, ICICI Bank, Vepery Branch, Mahaveer Colony, EVK Sampath Road, Vepery Chennai - 600 007.

4. The Branch Manager, Kotak Mahindra Bank, Sowcarpet Branch, Mint Street, Chennai - 600 079. ...Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue a writ of Certiorari, to call for the records pertaining to Order dated 21.01.2021 bearing No.CHN/TN/1388454/12/8F/RECOVERY/REGIONAL/2021 attaching the account No.354005500001 maintained by the petitioner with the ICICI Bank, Vepery branch, Chennai, passed by the 1st respondent and quash the same.

For Petitioner : S.Sethuraman For Respondents : Mr.K.Ramu, Standing Counsel for R1 and R2

O R D E R

The writ petition has been preferred against the order of attachment of the Bank Account of the petitioner.

2. According to the petitioner, he has not challenged the order and he paid Rs.2,00,000/- towards the demand made by the respondent and undertakes to pay a sum of Rs.3,00,000/- within a week and seeks permission to pay the balance payment in equal monthly installments.

3. Mr.K.Ramu, learned Standing Counsel entered appearance on behalf of the respondents 1 and 2.

4. Considering the facts and circumstances of the case, a direction is given to the writ petitioner to deposit Rs.3,00,000/- within a period of one week with the second respondent. On such deposit, the third respondent is directed to permit the petitioner to operate his accounts as usual. The balance of Rs.16,00,000/- shall be paid in eight equal installments. In case of any default in installments, the respondent is entitled to charge penal interest.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Pns To

1. The Recovery Officer, Employees Provident Fund Organization,

2. The Regional Provident Fund Commissioner, Employees, Provident Fund Organization,

3. The Branch Manager, ICICI Bank, Vepery Branch, Mahaveer Colony, EVK Sampath Road, Vepery Chennai - 600 007.

4. The Branch Manager, Kotak Mahindra Bank, Sowcarpet Branch, Mint Street, Chennai - 600 079.

+1cc to Mr.S.Sethuraman, Advocate, S.R.No.16893 W.P.No.6708 of 202 CA(CO) KKV/23/03/2021