Gujarat High Court
Tamilnad Mercantile Bank Ltd vs The Recovery Officer, Employee ... on 6 October, 2025
NEUTRAL CITATION
C/SCA/13622/2025 JUDGMENT DATED: 06/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13622 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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TAMILNAD MERCANTILE BANK LTD.
Versus
THE RECOVERY OFFICER, EMPLOYEE PROVIDENT FUND
ORGANISATION & ORS.
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Appearance:
MR.M.H.SONAR for Ms. HIMANI KINI(7489) for the Petitioner(s) No. 1
MR AV NAIR(5602) for the Respondent(s) No. 1
SHASHVATA U SHUKLA(8069) for the Respondent(s) No. 3
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/10/2025
ORAL JUDGMENT
1. Rule returnable forthwith. Learned advocate Mr.A.V.Nair waives service of Rule on behalf of respondent no.1.
2. The present petition is filed under Article 226 of the Constitution of India with following prayers:
"(A) Admit and allow the captioned petition; (B) Your Lordships may be pleased to issue a writ of certiorari, or Page 1 of 4 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 01:16:24 IST 2025 NEUTRAL CITATION C/SCA/13622/2025 JUDGMENT DATED: 06/10/2025 undefined a writ in the nature of certiorari, or any other appropriate writ, order or direction, quashing and setting the impugned notice dated 30.05.2025,22.08.2025 and 11.09.2025 passed by the Respondent No.1 in Recovery case No.15/2169633/240; (C) Pending hearing and final disposal of this petition, Your Lordships may be pleased to stay the implementation, execution and operation of the impugned notice dated 30.05.2025, 22.08.2025 and more particularly the order 11.09.2025 passed by the Respondent No.1 in Recovery case No.15/2169633/240 warranting the personal appearance of the Petitioner under the guise of a show cause notice;
(D) Your Lordships may be pleased to grant an ex-parte ad-interim relief in terms of Para 10(С);
(E) Such further relief(s) as deemed fit in the facts and circumstances of the case may kindly be granted in the interest of justice."
3. Heard learned advocate Mr.M.H.Sonar for the petitioner and learned advocate Mr.A.V.Nair for the respondent no.1 i.e the EPF Authority.
3.1. Learned advocate Mr.M.H.Sonar submits that there are two fixed deposits made by the defaulter with the petitioner bank and against the said fixed deposits, bank guarantees were issued in favour of respondent no.3 i.e Assistant Commissioner of Custom, ICD, Khodiyar, Ahmedabad. Learned advocate Mr.M.H.Sonar submits that unless and until the validity of guarantee is Page 2 of 4 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 01:16:24 IST 2025 NEUTRAL CITATION C/SCA/13622/2025 JUDGMENT DATED: 06/10/2025 undefined completed the fixed deposit which is sought to be transferred in the account of respondent no.1 cannot be transferred and his submission is supported by the circular issued by the RBI dated 01.07.2015. In view of the above submission learned advocate Mr.M.H.Sonar prays to allow the petition by setting aside the impugned award issued by the EPF Authority.
3.2. Per contra, learned advocate Mr.A.V.Nair submits that out of two bank guarantees one is already expired and the remaining bank guarantee no.113BG200072 dated 19.11.2019 amount of Rs.1,15,000/- would be valid upto 25.11.2025. Learned advocate Mr.A.V.Nair submits that if the order is passed to transfer the fixed deposit amount after 25.11.2025 qua the second fixed deposit, then the respondent no.1 would not have any objection.
4. In view of above following order is passed:
(I) This petition is disposed of with clarification that fixed deposit qua Bank Guarantee 113BG200071 dated 14.06.2019 for amount of Rs.2,00,000/- shall be transferred immediately in the account of respondent no.1 and qua bank guarantee no. 113BG200072 dated 19.11.2019 for amount of Rs.1,15,000/- as the bank Page 3 of 4 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 01:16:24 IST 2025 NEUTRAL CITATION C/SCA/13622/2025 JUDGMENT DATED: 06/10/2025 undefined guarantee is valid upto 25.11.2025, same shall be transferred on completion of validity period.
5. Resultantly, this petition is disposed of accordingly. Rule is discharged.
(M. K. THAKKER,J) ARCHANA S. PILLAI Page 4 of 4 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 01:16:24 IST 2025