Muthumani Gas Service Vs The Recovery Officer — Writ and Judicial Review | Madras HC (2025)

Muthumani Gas Service Vs The Recovery Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of on consent: respondent directed to accept the entire determined amount of Rs.11,84,745/- in twenty (20) equal monthly installments (consent recorded at commencement from 15th March 2025; operative paragraph records 15th March 2023); liberty reserved to respondent to proceed in accordance with law on default of two consecutive installments; no costs; connected W.M.P.(MD) No.2647 of 2025 closed.

Issue for consideration

Whether the recovery proceedings dated 09.01.2025 in Ref.No. 63000933890001021/CP/638454 issued by the respondent are liable to be quashed, and whether the respondent should be directed to accept the determined amount of Rs.11,84,745/- (Contribution, Interest and Costs) in equated monthly installments.

Court's answer

By consent of both sides, the writ petition is disposed of directing the respondent to accept the entire amount due from the petitioner under the impugned proceedings dated 09.01.2025 in twenty (20) equal monthly installments (commencement date recorded as 15th March 2025 in the consent recording paragraph, and as 15th March 2023 in the operative paragraph).

Ratio / Principle

If the petitioner defaults in any two consecutive monthly installments, the respondent is at liberty to take action against the petitioner in accordance with law; no costs awarded and the connected miscellaneous petition is closed.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), Mummineni Sudheer Kumar, J.: Writ petition under Article 226 filed by Muthumani Gas Service challenging the recovery proceedings of the Recovery Officer, Employees State Insurance Corporation, Salem, dated 09.01.2025 in Ref.No. 63000933890001021/CP/638454, whereby Rs.11,84,745/- (Contribution, Interest and Costs) was determined, and seeking acceptance of the amount in 24 monthly installments. On the date of hearing, learned counsel on either side agreed that the determined amount could be paid in twenty (20) equal monthly installments. Disposing of the writ petition, the Court directed the respondent to accept the entire amount due under the impugned proceedings in twenty (20) equal monthly installments, reserving liberty to the respondent to take action in accordance with law upon default in any two consecutive installments; no costs; connected miscellaneous petition (W.M.P.(MD) No.2647 of 2025) closed. Note: the consent paragraph records commencement from 15th March 2025, while the operative paragraph records 15th March 2023.

W.P.(MD) No.3689 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 17.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

W.P.(MD) No.3689 of 2025 and

W.M.P.(MD) No.2647 of 2025

Muthumani Gas Service rep.by its Managing Partner M.Subramaniam Indane Gas Distributor “R” Sector, BHEL Trichy-620 014

... Petitioner

-vs-

The Recovery Officer Employees State Insurance Corporation 39/57, Three Roads Salem-636 009 ... Respondent

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records relating to the proceedings of the respondent dated 09.01.2025 in Ref.No. 63000933890001021/CP/638454 and quash the same as illegal and consequently directing the respondent to accept the determined amount of Rs.

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W.P.(MD) No.3689 of 2025

11,84,745/- which includes Contribution, Interest and Costs into 24 equal

monthly installments to facilitate to remit the pending dues.

For Petitioner : Mr.K.Mu.Muthu For Respondent : Mr.I.Pinaygash

O R D E R

This writ petition has been filed by the petitioner challenging the proceedings of the respondent, dated 09.01.2025 in Ref.No. 63000933890001021/CP/638454, and to quash the same, however, sought for a consequential direction to the respondent to accept the amount determined under the impugned proceedings i.e., Rs.11,84,745/- in 24 equal monthly installments.

2. Today, when the matter is taken up for consideration, learned counsel on either side have agreed that the amount determined under the impugned proceedings can be paid in twenty (20) equal monthly installments commencing from 15^th March, 2025.

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W.P.(MD) No.3689 of 2025

3. In view of the same, this writ petition is disposed of directing the respondent to accept the entire amount due from the petitioner under the impugned proceedings dated 09.01.2025 in twenty (20) equal monthly installments commencing from 15^th March, 2023. In case if there is any default on the part of the petitioner in any two consecutive monthly installments, the respondent is at liberty to take action in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

17.02.2025

NCC : Yes / No Index : Yes / No Internet : Yes / No

krk

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W.P.(MD) No.3689 of 2025

MUMMINENI SUDHEER KUMAR, J.

krk

W.P.(MD) No.3689 of 2025 and W.M.P.(MD) No.2647 of 2025

17.02.2025

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