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The Management of v. The Recovery Officer

ALLOWED
Court
High Court of Madras
Decided
10 February 2026
Bench
D.Bharatha Chakravarthyauthor
Case no.
WP 4605/2026

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Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-02-2026 CORAM THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.Nos.4605 & 4610 of 2026 and W.M.P.Nos.5122 & 5127 of 2026 The Management of Veremax Management Services Private Limited, No.75B, Teachers Colony, Lakshmipuram, Chennai - 600 099, Represented by its Authorised Signatory, Mrs.Shanmugapriya Petitioner in both cases Vs The Recovery Officer, Employees Provident Fund Organisation, Regional Office -Ambattur, R-40A, T.N.H.B. Office Complex, Mugappair Road, Mugappair East, Chennai - 600 037. Respondent in both cases Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorari, to quash the prohibitory order bearing Ref.No.TN/RO/AMB/RECOVERY/AREA-207/TNAMB/1945525/RRC-9908/2 025 dated 04.09.2025 passed by the respondent, the Recovery Officer, Regional Office Ambattur Chennai - 37 claiming interest amounting to Rs.81,78,064/- under Section 8F of the EPF & MP Act, 1952. Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorari, to quash the prohibitory order bearing Ref. No. 1 of 5 TN/ RO/AMB/RECOVERY/AREA-205/TNAME/1945525/RRC-9908, 10137/ 2025 dated 08.12.2025 passed by the Respondent, the Recovery Officer, Regional Office Ambattur Chennai-37 claiming interest amounting to Rs.1,74,06,263/- under Section 8F of the EPF & MP Act, 1952. For Petitioner: Mr.C.Manohar Gupta For Respondent: Mr.Arun Dhanapalan COMMON ORDER These two writ petitions are challenging the prohibitory orders and as such, are taken up and disposed of by the common order.

¶2These writ petitions are filed challenging the prohibitory order bearing Ref.No.TN/RO/AMB/RECOVERY/AREA-207/TNAMB/1945525/RRC-9908/2 dated

04.09.2026

and bearing

Ref.

No.

TN/ RO/AMB/RECOVERY/AREA-205/TNAME/1945525/RRC-9908, 10137/ 2025 dated 08.12.2025 issued by the Recovery Officer, Regional Office, Ambattur, Chennai–37.

¶3When the matter came up for hearing, the learned counsel for the petitioner would submit that even though prohibitory orders were challenged, now the petitioner unit is slowly coming out of the financial difficulty as it is getting orders and is in a position to earn and pay off the dues and therefore an opportunity should be given. 2 of 5

¶4The learned counsel appearing on behalf of the respondents submitted that with reference to both amounts, earlier by two orders in W.P.Nos.6823 of 2025 and 11688 of 2025, instalments were permitted to the petitioner company. However, the petitioner paid six instalments and defaulted from the seventh instalment and therefore, once again, no equity can be extended to the petitioner.

¶5I have considered the rival submissions made on either side and perused the material records of the case.

¶6When earlier this Court has permitted the petitioner to pay the same by way of monthly instalments, the same cannot now be varied by this Court. Therefore, if the petitioner had paid part of the instalments, let the balance of the instalments falling due as per the earlier order be paid. At the same time, for those defaulting instalments, the entire arrears amount is to be calculated and the arrears of the defaulting instalments shall be paid in four monthly equal instalments even while complying with the earlier order. If the first instalment of the arrears as well as the original instalment due is paid, then immediately the prohibitory orders need not be given effect and the petitioner be permitted to operate the bank accounts. If the petitioner fails again, it will be open to the 3 of 5 authorities to pass fresh prohibitory orders and take steps to recover the entire amount.

¶7Accordingly, these writ petitions are ordered. No costs. Consequently, connected miscellaneous petition is also closed. No costs. 10-02-2026 nsl To The Recovery Officer, Employees Provident Fund Organisation, Regional Office -Ambattur, R-40A, T.N.H.B. Office Complex, Mugappair Road, Mugappair East, Chennai - 600 037. 4 of 5 WPeNo.e4605e&e4610eofe2026 D.BHARATHAoCHAKRAVARTHYoJ. nsl W.P.Nos.4605o&o4610oofo2026 10-02-2026 5eofe5

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