Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 1, Cited by 0]

Madras High Court

A.Sunder Singh vs The Recovery Officer on 6 February, 2026

                                                                          W.P.(MD) Nos.3363 to 3371 of 2026


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 06.02.2026

                                                           CORAM

                                  THE HONOURABLE MR.JUSTICE K.SURENDER

                                        W.P.(MD) Nos.3363 to 3371 of 2026
                                                       and
                                    W.M.P.(MD) Nos.2780, 2782, 2783, 2784, 2785,
                                         2786, 2788, 2790 & 2791 of 2026


                    W.P.(MD) No.3363 of 2026

                    A.Sunder Singh                                                      ... Petitioner

                                                               Vs.

                    1.The Recovery Officer,
                      Office of the Recovery Officer,
                      ESI Corporation,
                      Sub Regional Office (Tirunelveli),
                      Panchdeep Bhavan, ESIC Complex,
                      Salai Street, Vannarpettai,
                      Tirunelveli - 627 003.

                    2.The Branch Manager,
                      State Bank of India,
                      No. 14-C, Distillery Road,
                      Puthukudierupu, Nagercoil,
                      Kanyakumari District - 629 001.

                    3.The Branch Manager,
                      State Bank of India,
                      Vadiveeswaram Branch,
                      P.B.81 No.8-8-151,

                    _____________
                    Page No. 1 of 16


https://www.mhc.tn.gov.in/judis               ( Uploaded on: 26/02/2026 02:38:50 pm )
                                                                          W.P.(MD) Nos.3363 to 3371 of 2026

                       Police Station Road, Nagercoil,
                       Kanyakumari District - 629001.                                    ... Respondents

                    Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                    for issuance of a Writ of Certiorarified Mandamus calling for the records
                    relating       to   the     impugned             Garnishee          Order     in      No.
                    66000083220001018/RRC/SRO/TLI dated 06.01.2026 passed by the first
                    respondent under Section 131(3) of the Code on Social Security, 2020,
                    and quash the same as illegal and consequently direct the respondents to
                    defreeze the petitioner’s bank accounts forthwith and permit the petitioner
                    to pay the alleged arrears amount of Rs.22,19,827/- in reasonable
                    instalments.

                                   For Petitioner       : Mr.P.T.Ramesh Raja

                                   For R1               : Mr.R.Ravi Kumar
                                                          Standing Counsel


                    W.P.(MD) No.3364 of 2026

                    A.Sunder Singh                                                       ... Petitioner

                                                               Vs.

                    1.The Recovery Officer,
                      Office of the Recovery Officer,
                      ESI Corporation,
                      Sub Regional Office (Tirunelveli),
                      Panchdeep Bhavan, ESIC Complex,
                      Salai Street, Vannarpettai,
                      Tirunelveli - 627 003.



                    _____________
                    Page No. 2 of 16


https://www.mhc.tn.gov.in/judis               ( Uploaded on: 26/02/2026 02:38:50 pm )
                                                                          W.P.(MD) Nos.3363 to 3371 of 2026


                    2.The Branch Manager,
                      South Indian Bank,
                      No.5/26B-4, Ward No.15,
                      Sutha Complex, Main Road,
                      Kanyakumari - 629 702.                                            ... Respondents

                    Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                    for issuance of a Writ of Certiorarified Mandamus calling for the records
                    relating to the impugned Garnishee Order dated 06.01.2026 passed by the
                    first respondent under Section 131(3) of the Code on Social Security,
                    2020 and quash the same and consequently direct the respondents to
                    defreeze the petitioner’s bank accounts forthwith and permit the petitioner
                    to pay the alleged arrears amount of Rs.22,19,827/- in reasonable
                    instalments.

                                   For Petitioner       : Mr.P.T.Ramesh Raja

                                   For R1               : Mr.R.Ravi Kumar
                                                          Standing Counsel


                    W.P.(MD) No.3365 of 2026

                    M/s.Shawn Security Service,
                    Represented by its Managing Partner
                    A.Sunder Singh                                                      ... Petitioner

                                                               Vs.

                    1.The Recovery Officer,
                      Office of the Recovery Officer,
                      ESI Corporation,
                      Sub Regional Office (Tirunelveli),
                      Panchdeep Bhavan, ESIC Complex,

                    _____________
                    Page No. 3 of 16


https://www.mhc.tn.gov.in/judis               ( Uploaded on: 26/02/2026 02:38:50 pm )
                                                                          W.P.(MD) Nos.3363 to 3371 of 2026

                       Salai Street, Vannarpettai,
                       Tirunelveli - 627 003.

                    2.The Branch Manager,
                      Federal Bank, No.7,
                      PWD Road, Chidambara Nagar,
                      Near Bharat Petroleum,
                      Kanyakumari-629 001.

                    3.The Branch Manager,
                      Federal Bank,
                      Swamithope Branch,
                      D.No.104, Opp Temple,
                      Meletheuruvu, Swamithope,
                      Kanyakumari District.                                             ... Respondents

                    Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                    for issuance of a Writ of Certiorarified Mandamus calling for the records
                    relating to the impugned Garnishee Order dated 06.01.2026 passed by the
                    first respondent under Section 131(3) of the Code on Social Security,
                    2020 and quash the same and consequently direct the respondents to
                    defreeze the petitioner’s bank accounts forthwith and permit the petitioner
                    to pay the alleged arrears amount of Rs.22,19,827/- in reasonable
                    instalments.

                                   For Petitioner       : Mr.P.T.Ramesh Raja

                                   For R1               : Mr.R.Ravi Kumar
                                                          Standing Counsel

                    W.P.(MD) No.3366 of 2026

                    A.Sunder Singh                                                      ... Petitioner

                                                               Vs.

                    _____________
                    Page No. 4 of 16


https://www.mhc.tn.gov.in/judis               ( Uploaded on: 26/02/2026 02:38:50 pm )
                                                                          W.P.(MD) Nos.3363 to 3371 of 2026

                    1.The Recovery Officer,
                      Office of the Recovery Officer,
                      ESI Corporation,
                      Sub Regional Office (Tirunelveli),
                      Panchdeep Bhavan, ESIC Complex,
                      Salai Street, Vannarpettai,
                      Tirunelveli - 627 003.

                    2.The Branch Manager,
                      Indian Bank, Nagercoil Branch,
                      College Road, Nagercoil,
                      Kanyakumari District.

                    3.The Branch Manager,
                      Indian Bank, Kanyakumari Branch,
                      S.No.658/1, Main Road,
                      Opp.St.Anthony’s Higher Secondary School,
                      Kanyakumari - 6290702.                                            ... Respondents

                    Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                    for issuance of a Writ of Certiorarified Mandamus calling for the records
                    relating to the impugned Garnishee Order dated 06.01.2026 passed by the
                    first respondent under Section 131(3) of the Code on Social Security,
                    2020 and quash the same and consequently direct the respondents to
                    defreeze the petitioner’s bank accounts forthwith and permit the petitioner
                    to pay the alleged arrears amount of Rs.22,19,827/- in reasonable
                    instalments.

                                   For Petitioner       : Mr.P.T.Ramesh Raja

                                   For R1               : Mr.R.Ravi Kumar
                                                          Standing Counsel

                                   For R2 & R3          : Mr.C.Karthik
                                                          Standing Counsel

                    _____________
                    Page No. 5 of 16


https://www.mhc.tn.gov.in/judis               ( Uploaded on: 26/02/2026 02:38:50 pm )
                                                                          W.P.(MD) Nos.3363 to 3371 of 2026


                    W.P.(MD) No.3367 of 2026

                    A.Sunder Singh                                                      ... Petitioner

                                                               Vs.

                    1.The Recovery Officer,
                      Office of the Recovery Officer,
                      ESI Corporation,
                      Sub Regional Office (Tirunelveli),
                      Panchdeep Bhavan, ESIC Complex,
                      Salai Street, Vannarpettai,
                      Tirunelveli - 627 003.

                    2.The Branch Manager,
                      Union Bank of India,
                      Kanyakumari Branch, 17/68C,
                      Vivekanandapuram Junction,
                      Vivekanandapuram,
                      Kanyakumari District.                                             ... Respondents

                    Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                    for issuance of a Writ of Certiorarified Mandamus calling for the records
                    relating to the impugned Garnishee Order dated 06.01.2026 passed by the
                    first respondent under Section 131(3) of the Code on Social Security,
                    2020 and quash the same and consequently direct the respondents to
                    defreeze the petitioner’s bank accounts forthwith and permit the petitioner
                    to pay the alleged arrears amount of Rs.22,19,827/- in reasonable
                    instalments.

                                   For Petitioner       : Mr.P.T.Ramesh Raja

                                   For R1               : Mr.R.Ravi Kumar
                                                          Standing Counsel

                    _____________
                    Page No. 6 of 16


https://www.mhc.tn.gov.in/judis               ( Uploaded on: 26/02/2026 02:38:50 pm )
                                                                          W.P.(MD) Nos.3363 to 3371 of 2026


                                   For R2               : Mr.C.Karthik
                                                          Standing Counsel

                    W.P.(MD) No.3368 of 2026

                    A.Sunder Singh                                                       ... Petitioner

                                                               Vs.

                    1.The Recovery Officer,
                      Office of the Recovery Officer,
                      ESI Corporation,
                      Sub Regional Office (Tirunelveli),
                      Panchdeep Bhavan, ESIC Complex,
                      Salai Street, Vannarpettai,
                      Tirunelveli - 627 003.

                    2.The Branch Manager,
                      Tamilnad Mercantile Bank,
                      229-A, Charles Miller Street,
                      College Road,
                      Nagercoil - 629 001.                                               ... Respondents

                    Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                    for issuance of a Writ of Certiorarified Mandamus calling for the records
                    relating       to   the     impugned             Garnishee          Order     in      No.
                    66000083220001018/RRC/SRO/TLI dated 06.01.2026 passed by the first
                    respondent under Section 131(3) of the Code on Social Security, 2020,
                    and quash the same as illegal and consequently direct the respondents to
                    defreeze the petitioner’s bank accounts forthwith and permit the petitioner
                    to pay the alleged arrears amount of Rs.22,19,827/- in reasonable
                    instalments.



                    _____________
                    Page No. 7 of 16


https://www.mhc.tn.gov.in/judis               ( Uploaded on: 26/02/2026 02:38:50 pm )
                                                                         W.P.(MD) Nos.3363 to 3371 of 2026

                                  For Petitioner       : Mr.P.T.Ramesh Raja

                                  For R1               : Mr.R.Ravi Kumar
                                                         Standing Counsel

                    W.P.(MD) No.3369 of 2026

                    A.Sunder Singh                                                      ... Petitioner

                                                              Vs.

                    1.The Recovery Officer,
                      Office of the Recovery Officer,
                      ESI Corporation,
                      Sub Regional Office (Tirunelveli),
                      Panchdeep Bhavan, ESIC Complex,
                      Salai Street, Vannarpettai,
                      Tirunelveli - 627 003.

                    2.The Branch Manager,
                      Canara Bank, H.O.,
                      PB No.3, Joshua Street,
                      Nagercoil, Tamil Nadu - 629 001.

                    3.The Branch Manager,
                      Canara Bank,
                      M/s. Viveka S Tourist Hotel Private Limited,
                      Cape Road, Kanyakumari District - 629 702.                        ... Respondents

                    Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                    for issuance of a Writ of Certiorarified Mandamus calling for the records
                    relating      to   the     impugned             Garnishee          Order     in      No.
                    66000083220001018/RRC/SRO/TLI dated 06.01.2026 passed by the first
                    respondent under Section 131(3) of the Code on Social Security, 2020,
                    and quash the same as illegal and consequently direct the respondents to
                    defreeze the petitioner’s bank accounts forthwith and permit the petitioner

                    _____________
                    Page No. 8 of 16


https://www.mhc.tn.gov.in/judis              ( Uploaded on: 26/02/2026 02:38:50 pm )
                                                                          W.P.(MD) Nos.3363 to 3371 of 2026

                    to pay the alleged arrears amount of Rs.22,19,827/- in reasonable
                    instalments.

                                   For Petitioner       : Mr.P.T.Ramesh Raja

                                   For R1               : Mr.R.Ravi Kumar
                                                          Standing Counsel

                                   For R2 & R3          : Mr.N.Dilip Kumar
                                                          Standing Counsel


                    W.P.(MD) No.3370 of 2026

                    A.Sunder Singh                                                      ... Petitioner

                                                               Vs.

                    1.The Recovery Officer,
                      Office of the Recovery Officer,
                      ESI Corporation,
                      Sub Regional Office (Tirunelveli),
                      Panchdeep Bhavan, ESIC Complex,
                      Salai Street, Vannarpettai,
                      Tirunelveli - 627 003.

                    2.The Branch Manager,
                      Indian Overseas Bank,
                      Agasteeswaram, Nagercoil,
                      Kanyakumari - 629 001.

                    3.The Branch Manager,
                      Indian Overseas Bank,
                      Kanyakumari Branch,
                      No.578/2B, Sutha Complex,
                      Main Road,
                      Kanyakumari District-629 702.                                     ... Respondents


                    _____________
                    Page No. 9 of 16


https://www.mhc.tn.gov.in/judis               ( Uploaded on: 26/02/2026 02:38:50 pm )
                                                                          W.P.(MD) Nos.3363 to 3371 of 2026

                    Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                    for issuance of a Writ of Certiorarified Mandamus calling for the records
                    relating       to   the     impugned             Garnishee          Order     in      No.
                    66000083220001018/RRC/SRO/TLI dated 06.01.2026 passed by the first
                    respondent under Section 131(3) of the Code on Social Security, 2020,
                    and quash the same as illegal and consequently direct the respondents to
                    defreeze the petitioner’s bank accounts forthwith and permit the petitioner
                    to pay the alleged arrears amount of Rs.22,19,827/- in reasonable
                    instalments.

                                   For Petitioner       : Mr.P.T.Ramesh Raja

                                   For R1               : Mr.R.Ravi Kumar
                                                          Standing Counsel

                    W.P.(MD) No.3371 of 2026

                    A.Sunder Singh                                                       ... Petitioner

                                                               Vs.

                    1.The Recovery Officer,
                      Office of the Recovery Officer,
                      ESI Corporation,
                      Sub Regional Office (Tirunelveli),
                      Panchdeep Bhavan, ESIC Complex,
                      Salai Street, Vannarpettai,
                      Tirunelveli - 627 003.

                    2.The Branch Manager,
                      ICICI Bank, P.B.No.149,
                      Cape Road, Kottar,
                      Nagercoil, Kanyakumari District,
                      Tamil Nadu - 629 002.


                    _____________
                    Page No. 10 of 16


https://www.mhc.tn.gov.in/judis               ( Uploaded on: 26/02/2026 02:38:50 pm )
                                                                             W.P.(MD) Nos.3363 to 3371 of 2026

                    3.The Branch Manager,
                      ICICI Bank,
                      Hotel Amudham Residency,
                      Main Road,
                      Kanyakumari District - 629 702.                                       ... Respondents

                    Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                    for issuance of a Writ of Certiorarified Mandamus calling for the records
                    relating          to   the      impugned            Garnishee          Order   in     No.
                    66000083220001018/RRC/SRO/TLI dated 22.01.2026 passed by the first
                    respondent under Section 131(3) of the Code on Social Security, 2020,
                    and quash the same as illegal and consequently direct the respondents to
                    defreeze the petitioner’s bank accounts forthwith and permit the petitioner
                    to pay the alleged arrears amount of Rs.22,19,827/- in reasonable
                    instalments.

                                      For Petitioner       : Mr.P.T.Ramesh Raja

                                      For R1               : Mr.R.Ravi Kumar
                                                             Standing Counsel

                                      For R2 & R3          : Mr.S.Krishna
                                                             for M/s.Acvity Law Associate

                                                               *****

                                                 COMMON ORDER

By this common order, all these nine Writ Petitions are being disposed of.

_____________ Page No. 11 of 16 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 02:38:50 pm ) W.P.(MD) Nos.3363 to 3371 of 2026

2. In these Writ Petitions, the petitioners have challenged the impugned garnishee orders passed by the first respondent under Section 131(3) of the Code on Social Security, 2020, whereby all the petitioners’ bank accounts have been frozen and the concerned Bank Managers have been directed to transfer all future credits to the first respondent.

3. The petitioners are engaged in providing security services, housekeeping services, guarding duties and allied manpower services to various Government Departments. The petitioners have been disbursing wages and remitting statutory contributions such as ESI, EPF and GST in accordance with law. However, the petitioners have defaulted in remitting the statutory dues.

4. Since the petitioners failed to pay the arrears covered under the certificates issued by the Authorised Officer, Employees’ State Insurance Corporation, Tirunelveli, the first respondent issued demand notices to the petitioners. Even thereafter, the petitioners failed to clear the arrears. Therefore, the first respondent passed the impugned orders directing freezing of the petitioners’ bank accounts and transfer of all future credits in the said accounts to the first respondent. _____________ Page No. 12 of 16 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 02:38:50 pm ) W.P.(MD) Nos.3363 to 3371 of 2026

5. The learned counsel for the petitioners would submit that nearly 400 employees are working under the petitioners; that due to the freezing of the petitioners’ bank accounts, the business has come to a complete standstill and the salaries could not be credited to the employees, who have been severely affected; that all the bank accounts of the petitioners maintained in nine banks have been frozen for a total due amount of Rs.22,19,827/-, which the petitioners are ready to pay in instalments; and that that the petitioners may be permitted to operate the bank accounts for their business activities.

6. The learned Standing Counsel appearing for the first respondent in all the Writ Petitions, namely, the Recovery Officer, would submit that the recovery proceedings were initiated in the year 2019 and several demand notices were issued to the petitioners from 2019 onwards; that the petitioners kept silent and did not take any steps to remit the dues even in instalments; and that only after the garnishee orders were passed and the bank accounts were frozen, the petitioners rushed to this Court.

7. I have considered the submissions made by the learned counsel for the petitioners and the learned counsel for the respondents. _____________ Page No. 13 of 16 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 02:38:50 pm ) W.P.(MD) Nos.3363 to 3371 of 2026

8. It is not in dispute that a sum of Rs.22,19,827/- is due from the petitioners. According to the petitioners, the default occurred due to financial crisis and on account of the freezing of the bank accounts, the employees working under them have been severely affected. On a perusal of the impugned garnishee orders, it is seen that the Bank Managers have been directed to transfer the amounts in the accounts until the arrears are fully cleared. The petitioners have also undertaken to pay the said amount in six instalments.

9. Therefore, balancing the interests of both parties and also considering the interest of the employees, this Court permits the petitioners to pay the defaulted amount of Rs.22,19,827/- in six equal monthly instalments. On payment of three instalments, the bank accounts shall be defreezed and the petitioners shall be permitted to operate the same. It is made clear that the petitioners shall pay the instalment amount on or before the 5th day of every English calendar month without fail. In the event of default in payment of any instalment, the first respondent is at liberty to proceed further in accordance with law. It is needless to state that if the petitioners are able to pay the amount earlier, they are at liberty to do so.

_____________ Page No. 14 of 16 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 02:38:50 pm ) W.P.(MD) Nos.3363 to 3371 of 2026

10. With the above directions, this Writ Petitions are disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.

[K.SURENDER, J.] 06.02.2026 JEN Index : Yes / No Neutral Citation : Yes / No _____________ Page No. 15 of 16 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 02:38:50 pm ) W.P.(MD) Nos.3363 to 3371 of 2026 K.SURENDER, J.

JEN W.P.(MD) Nos.3363 to 3371 of 2026 06.02.2026 _____________ Page No. 16 of 16 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 02:38:50 pm )