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Madras High Court

M/S.Vasan Dental Hospitals Private ... vs The Recovery Officer on 27 April, 2018

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2018

CORAM 

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.No.10893 of 2018 
and W.M.P.Nos.12827 & 12828 of 2018

M/s.Vasan Dental Hospitals Private Limited,
Rep. by its Senior Executive 
 Legal Adviser/authorised signatory,
1127/A, 4th Sector, HSR Layout,
Near BDA Complex, Bangalore-560 102.		  ...  Petitioner

			          Vs.

1.The Recovery Officer,
   Employees State Insurance Corporation,
   Panchdeep Bhavan,
   143, Sterling Road,
   Nungambakkam, Chennai-600 034.

2.Branch Manager,
   Indusind Bank, Annanagar Branch,
   115 A, AL Complex, 3rd Avenue,
   Anna Nagar East, Chennai-40. 	...  Respondents

	Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records in Ref.No.TN/RECY/45G /51 51530291930011401 /CCR- Various Claims, dated 26.02.2018 and to quash the same and consequently to direct the first respondent to accept the remaining outstanding determined amount in the above impugned order in 24 installments and release the bank attachment made with the second respondent.

	For Petitioner	:	Mr.S.Gunalan
			
	For R1		:	Mr.C.V.Ramachandramurthy

******
O R D E R

The learned counsel appearing on behalf of the writ petitioner submits that the writ petitioner is willing to pay the entire demanded amount in 12 equal instalments. The petitioner is unable to settle the entire amount in one lump sum, in view of certain financial crunch in their organization. However, the petitioner undertakes that the amount demanded by the first respondent will be settled in 12 equal instalments without any default commencing from 1st May 2018. The monthly instalments shall be paid on or before 10th day of every succeeding calendar month.

2.In view of the undertaking given by the writ petitioner, this Court is of an opinion that this writ petition deserves to be considered. Accordingly, the writ petitioner is directed to pay the entire amount demanded as per the notice dated 26.02.2018, in 12 equal instalments and every instalment to be paid on or before 10th day of every month. In the event of any default by the writ petitioner, then the respondents are at liberty to initiate appropriate action against the writ petitioner under the provisions of the Act.

With the above direction, this writ petition is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

27.04.2018 abr/lok Index:Yes Speaking Order To

1.The Recovery Officer, Employees State Insurance Corporation, Panchdeep Bhavan, 143, Sterling Road, Nungambakkam, Chennai-600 034.

2.Branch Manager, Indusind Bank, Annanagar Branch, 115 A, AL Complex, 3rd Avenue, Anna Nagar East, Chennai-40.

S.M.SUBRAMANIAM, J.

abr W.P.No.10893 of 2018 27.04.2018