IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs.Justice N. MALA
M/S.PE ARISTI PROJECTS AND ENGINEERING PRIVATE LI – Appellant
Versus
REGIONAL OF COMMISSIONER (GR-I) – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-11-2025 CORAM THE HONOURABLE MRS.JUSTICE N. MALA and WMP Nos.51681 and 51682 of 2025 M/s.Pe-Aristi Projects and Engineering Private Limited, Rep. by its Managing Director, Shri. Sathish Babu Gopal, No.1443 and 445, Anna Salai, Teynampet, Chennai- 600 018.
Petitioner(s)
Vs
1. Regional Of Commissioner (Gr-I)
Employees Provident Fund Organisation Regional Office, Chennai (South) Royapettah, Chennai- 600 014.
2.The Recovery Officer, Employees Provident Fund Organisation Regional Office, Royapettah, Chennai- 600 014.
3.The Branch Manager HDFC Bank, Pallavaram Branch, No.9, Mosque Street, Pallavaram, Chennai-600 043.
4.The Branch Manager HDFC Bank, Alwarpet Branch, No.550, T.T.K. Road, Chennai- 600
018.
Respondent(s)
Writ petition is filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarified Mandamus, calling for the entire records pertaining to the order in Ref. TN/ RO /CHN/ South 1423887/ Recovery / DID- 19/CP3/ 2025, dated 23.10.2025 passed in pursuant to Composite Order vide Diary No.351/ 2024 vide PF Code No.TNMAS1423887000, dated 27.02.2025 passed by the 1st respondent and quash the same illegal, violative and thereby forbearing the 1st and 2nd respondent from taking coercive action by attaching the bank account of the petitioner operative with the 3rd and 4th respondent.
For Petitioner(s): Mr.K.Mohanamurali For Respondent(s): Mr.R.Thirunavukarasu for R1 and R2
ORDER
Writ petition is filed for a Writ of Certiorarified Mandamus, to quash the order dated 23.10.2025, passed pursuant to composite order dated 27.02.2025, of the 1st respondent, to quash the same and further forbear the respondents 1 and 2 from taking coercive action by attaching the bank account of the petitioner operative with the 3rd and 4th respondent.
2. The petitioner is a registered company engaged in the business of infrastructure design box. The petitioner is registered under the Employees Provident Fund and Miscellaneous Provisions Act, 1952. The petitioner states that the petitioner was regular in complying the obligation under the EPF Act and Rules. However, the petitioner on 13.11.2024, received notice from the 1st respondent, about an enquiry under Section 14-B of the EPF Act. The petitioner participated in the enquiry and thereafter, composite order was passed on 27.02.2025, claiming damages and penal interest of Rs.14,92,756/- for the period 8/2020 to 3/2023. Pursuant to the said order, prohibitory order dated 23.10.2025, was passed claiming a sum of Rs.9,84,426/- towards 14-B damages and 7-Q penal interest. Aggrieved by the said orders, the petitioner filed above writ petition for the aforesaid relief.
3. The learned counsel for the petitioner submitted that pursuant to the prohibitory order dated 23.10.2025, the petitioner's bank account was attached on 13.11.2025, and an amount of Rs.4,08,705/- was recovered from the petitioner's bank account. The learned counsel further submitted that balance amount payable towards the prohibitory order is Rs.5,75,721/- and therefore, prayed that the petitioner may be permitted to pay the said amount in 6 equated monthly instalments and that, a direction may be issued to the respondents to raise the attachment of the petitioner's bank account.
4. The learned counsel for the respondents 1 and 2, opposed the said submission.
5. I heard both the learned counsels and perused the materials placed on record. With the consent of both the learned counsels, the main writ petition is taken up for final disposal.
6. Under the prohibitory order dated 23.10.2025, the petitioner was directed to pay a sum of Rs.9,84,426/-. On 13.11.2025, the petitioner's bank account with the 3rd and 4th respondent was attached for a sum of Rs.4,08,705/-. The said facts are not disputed by the learned counsel for the respondents. Admittedly, balance amount payable is Rs.5,75,721/-. Therefore, under the circumstances, this Court is inclined to dispose of the writ petition with
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