Madras High Court
M/S. Cotton Blossom vs Regional Provident Fund Commissioner ... on 29 June, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P. No. 16144 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.06.2022
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P. Nos. 16144, 16152, 16155 & 16159 of 2022
and
W.M.P.Nos. 15526, 15532, 15534 &15536 of 2022
M/s. Cotton Blossom,
Represented by its AGM-HR, K. Palanikumar,
Shed No. 189, TEKIC TEA Nagar,
Mudalipalayam, Tirupur – 641 606
...Petitioner
in all WPs.
Vs.
Regional Provident Fund Commissioner -II,
Employees Provident Fund Organisation,
District Office, 497, 1st Floor,
Palladam Road, Tirupur – 641 604.
...Respondent
in all WPs.
W.P.No. 16144 of 2022:
Writ Petition filed under Article 226 of the Constitution of India, for the
issuance of a writ of Certiorarified Mandamus, calling for the records of order
Ref. No. CBE/DO/TPR/45347/CC-30/7Q/D.No.78-2021/2021-2022/6152 dated
25.03.2022 passed by the respondent, to quash the same and directing the
respondent to accept the remaining outstanding interest amount of Rs.
25,51,929/- (Rupees Twenty Five Lakhs Fifty One Thousand Nine Hundred
Twenty Nine Only) in 24 equal monthly installments.
https://www.mhc.tn.gov.in/judis
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W.P. No. 16144 of 2022
W.P.No. 16152 of 2022:
Writ Petition filed under Article 226 of the Constitution of India, for the
issuance of a writ of Certiorarified Mandamus, calling for the records of order
Ref. No. CBE/DO/TPR/45347/CC-30/7Q/D.No.77-2021/2021-2022/6154 dated
25.03.2022 passed by the respondent, to quash the same and directing the
respondent to accept the remaining outstanding interest amount of
Rs. 6,29,262/- (Rupees Six Lakhs Twenty Nine Thousand Twenty Nine
Thousand Only) in 24 equal monthly installments.
W.P.No. 16155 of 2022
Writ Petition filed under Article 226 of the Constitution of India, for the
issuance of a writ of Certiorarified Mandamus, calling for the records of order
Ref. No. CBE/DO/TPR/CC-29/87081/7Q/D.No.75-2021/2021-2022/6156 dated
25.03.2022 passed by the respondent, to quash the same and directing the
respondent to accept the remaining outstanding interest amount of
Rs. 14,72,490/- (Rupees Fourteen Lakhs Seventy Two Thousand Four Hundred
Ninety Only) in 18 equal monthly installments.
W.P.No. 16159 of 2022
Writ Petition filed under Article 226 of the Constitution of India, for the
issuance of a writ of Certiorarified Mandamus, calling for the records of order
Ref. No. CBE/DO/TPR/CC-29/87081/7Q/D.No.76-2021/2021-2022/6158 dated
25.03.2022 passed by the respondent, to quash the same and directing the
respondent to accept the remaining outstanding interest amount of
Rs. 18,49,800/- (Rupees Eighteen Lakhs fourty Nine Thousand Eight Hundred
Only) in 18 equal monthly installments.
For Petitioner : Mr. P. Thangaraj
For Respondents : Mr. R. Vishnu
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W.P. No. 16144 of 2022
COMMON ORDER
These writ petitions have been filed for the issuance of a writ of Certiorarified Mandamus, calling for the records passed by the respondent, to quash the same and directing the respondent to accept the remaining outstanding interest amount of Rs. Rs.65,03,481/- (Rupees Sixty Five Lakhs Three Thousand Four Hundred and Eighty One) in 18 to 24 equal monthly installments.
2. Though the impugned orders have been challenged in the above writ petitions, the learned counsel for the petitioner has fairly submitted before this Court that the petitioner will undertake to settle the entire amount if an opportunity is given to them to settle the amounts by way of instalment and they seek 10 months to 24 months to settle the amount in the respective writ petitions.
3. The learned Standing Counsel appearing for the respondent has strongly objected that the petitioner cannot seek such a long duration for the payment of the said amounts by instalment. Therefore, the intention of the petitioner is only to drag the issue for settling the amount to the respondent.
4. Therefore, this Court taking into account, an order passed in the earlier https://www.mhc.tn.gov.in/judis 3/6 W.P. No. 16144 of 2022 writ petition in W.P.No.9765 of 2022 dated 22.04.2022 on the similar relief, by granting instalment to the petitioner, passes the following order:
i) The petitioner is directed to pay the amount of Rs.65,03,481/- (Rupees Sixty Five Lakhs Three Thousand Four Hundred and Eighty One) payable under Section 7Q of the EPF and MP Act, 1952 to the respondent, by way of 10 equal monthly installments in respect of the aforesaid writ petitions..
ii) The said amount shall be paid by the petitioner on or before 10th of every succeeding English calendar month and the first installment commences from 1st of July, 2022.
iii) If there is any default in the payment of monthly installments by the petitioner, liberty is granted to the respondent to act in accordance with law.
iv) Till such time, the impugned orders shall be kept in abeyance and the petitioner will not alienate the assets of the company.
5. With the above directions, the writ petitions are disposed of. No costs.
Consequently, connected Miscellaneous Petition are closed.
29.06.2022
Index : Yes / No
Internet : Yes/ No
mrn
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W.P. No. 16144 of 2022
To
The Regional Provident Fund Commissioner -II, Employees Provident Fund Organisation, District Office, 497, 1st Floor, Palladam Road, Tirupur – 641 604.
https://www.mhc.tn.gov.in/judis 5/6 W.P. No. 16144 of 2022 D.KRISHNAKUMAR, J.
(mrn) W.P. Nos. 16144, 16152, 16155 & 16159 of 2022 and W.M.P.Nos. 15526, 15532, 15534 &15536 of 2022 29.06.2022 https://www.mhc.tn.gov.in/judis 6/6