M/S. Srinivasa Fashions Private Limited v. The Recovery Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-04-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP.No.13683 of 2026 M/s. SRINIVASA FASHIONS PRIVATE LIMITED No. 57-G, SIDCO Industrial Estate, Ambattur Chennai 98 , Rep. by its Authorised signatory Elango S ..Petitioner(s) Vs The Recovery Officer Employees State Insurance Corporation, 143 Sterling road, Nungambakkam, Chennai 34 ..Respondent(s) Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the respondent from proceeding any further in terms of notice dated 9.02.2026 in proceedings No. No. TN/ RECY/ EC- 15/ 51000586110000108/ CCR No. VARIOUS CCRS of the respondent and pass orders permitting the petitioner to pay the contribution, interest and damages for the period 1995 to August 2023 amounting to Rs. 20,42,339/- in 30 equated monthly instalments. For Petitioner(s):
Mr.Anand Gopalan for M/s.Advit Law Chambers For Respondent(s):
Mr.J.Dharmaraj for ESI
ORDER
This Writ Petition has been filed to forbear the respondent from proceeding any further in terms of notice dated 09.02.2026 in proceedings No. No. TN/ RECY/ EC- 15/ 51000586110000108/ CCR No. VARIOUS CCRS of the respondent and pass orders, permitting the petitioner to pay the contribution, interest and damages for the period 1995 to August 2023 amounting to Rs. 20,42,339/- in 30 equated monthly instalments.
2. Heard the learned counsel appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself.
3. It is the case of the petitioner that the petitioner is a Garment Export Company which established multiple manufacturing units and had complied with statutory obligations, however due to global recession, floods, cyclone and demonetization etc., it faced severe financial losses leading to closure and sale of units between 2019 and 2023. Despite several hardships, the petitioner settled the employees dues and discharged statutory liabilities. While so, the present impugned order of demand recovery notice was issued by the respondent on 09.02.2026 which was not disputed by the petitioner. However, he seeks
permission to pay the said amount in 30 instalments and hence, the present petition for the aforesaid relief.
4. The learned counsel for the petitioner submitted that the petitioner has not disputed the demand recovery notice dated 09.02.2026 but however due to financial crisis, he is unable to pay the said demand at present and therefore, he seeks permission to pay the amount in 30 instalments and thus, prayed for appropriate orders.
5. Considering the facts and circumstances of the case and also taking note of the submission of the learned counsel for the petitioner, this Court directs the petitioner to pay the amount demanded by the respondent through the impugned recovery notice dated 09.02.2026 in 20 instalments and also directed to pay the first instalment on or before 07.04.2026 and the remaining instalments on or before 10th of every month.
6. With the above directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.
01-04-2026 Index: Yes/No DP
To The Recovery Officer Employees State Insurance Corporation, 143 Sterling road, Nungambakkam, Chennai 34
M.DHANDAPANI, J.
DP 01-04-2026