Srinivasa Fashions Private Limited v. Employees' State Insurance Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :01.07.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.16272 of 2025 and W.M.P.No.18402 of 2025 Srinivasa Fashions Private Limited, Represented by its Managing Director, C.V. Ravindran, 57G, SIDCO Industrial Estate, Ambattur, Chennai - 600 098.
... Petitioner vs1. Employees' State Insurance Corporation, Rep. by the Regional Director, 143, Sterling Road, Nungambakkam, Chennai - 600 034.
2. The Recovery Officer, Employees' State Insurance Corporation, 143, Sterling Road, Nungambakkam, Chennai - 600 034.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records in connection with the demand notice issued by the 2nd respondent by proceedings dated 02.04.2025 in Ref No. 1/5
51000586110000108/CP/657321, issued by the 2nd respondent, and quash the same, consequently direct the respondents to adjust a sum of Rs.4,56,039/- out of Rs.7,03,219/- as per the order passed in E.S.I.O.P.No. 30 of 2011 dated 10.11.2023 by the Employees Insurance Court/Principal Labour Court, Chennai.
For Petitioner : Mr. Y. Kajanavas For Respondents - 1 & 2 : Mr. R. Sreedhar
ORDER
This writ petition has been filed for the following relief: "To issue a Writ of Certiorarified Mandamus, to call for the records in connection with the demand notice issued by the 2nd respondent by proceedings dated 02.04.2025 in Ref No. 51000586110000108/CP/657321, issued by the 2nd respondent, and quash the same, consequently direct the respondents to adjust a sum of Rs.4,56,039/- out of Rs.7,03,219/- as per the order passed in E.S.I.O.P.No. 30 of 2011 dated 10.11.2023 by the Employees Insurance Court/Principal Labour Court, Chennai.
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2. The grievance of the petitioner has now been addressed by the respondents by issuing a revised Notice of Demand dated 15.05.2025 wherein the amount of the contribution for the period 7/2005 to 3/2007 together with interest up to 24.04.2025 has been fixed at a sum of Rs.8.06,513/-.
3. The learned counsel for the petitioner is ready to pay the said sum of Rs.8,06,513/-. However, he seeks a time to pay the amounts, since the unit is facing a severe financial crisis.
4. The learned counsel for the respondents, on instructions, would submit that they are willing to receive the payments in 4 equated monthly instalments commencing from 01.08.2025.
5. Recording the above, this Writ Petition is disposed of directing the petitioner to pay the sum of Rs.8,06,513/- as per the Notice of Demand in 4 equated monthly instalments commencing form 01.08.2025. It is needles to state that in the event of any default in payments, the respondents can initiate the recovery proceedings. No 3/5
costs. Consequently, connected miscellaneous petition is closed. 01.07.2025 Index: Yes/No Speaking order/non-speaking order srn To,
1. The Regional Director, Employees' State Insurance Corporation, 143, Sterling Road, Nungambakkam, Chennai - 600 034.
2. The Recovery Officer, Employees' State Insurance Corporation, 143, Sterling Road, Nungambakkam, Chennai - 600 034.
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P.T.ASHA, J., srn W.P.No.16272 of 2025 and W.M.P.No.18402 of 2025 01.07.2025 5/5