Madras High Court
M/S. Annai Sathya Weavers Co-Operative vs Regional Provident Fund Commissioner ... on 29 June, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P. No. 16163 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.06.2022
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P. No. 16163 of 2022
and
W.M.P.No.15539 of 2022
M/s. Annai Sathya Weavers Co-operative
Production and Sales Society Ltd., Eh 104,
Represented by its Manager, K.S. Ravichandran,
Thandampalayam,
Erode – 638 109.
...Petitioner
Vs.
Regional Provident Fund Commissioner -II,
Employees Provident Fund Organisation,
District Office, 497, 1st Floor,
Palladam Road, Tirupur – 641 604.
...Respondent
in all WPs.
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. CB/RO/SLM/Comp-I/PDC/35131/E-4/7Q-proceedings/2022 dated
09.052022 passed by the respondent, to quash the same and directing the
respondent to accept the remaining outstanding interest amount of
Rs. 5,57,411/-/- (Rupees Five Lakhs Fifty Seven Thousand Four Hundred and
Eleven Only) in 24 equal monthly installments.
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W.P. No. 16163 of 2022
For Petitioner : Mr. P. Thangaraj
For Respondent : Mr. R. R. Meenakshi
ORDER
This writ petition has been filed for the issuance of a writ of Certiorarified Mandamus, calling for the records of order Ref. No. CB/RO/SLM/Comp-I/PDC/35131/E-4/7Q-proceedings/2022 dated 09.052022 passed by the respondent, to quash the same and directing the respondent to accept the remaining outstanding interest amount of Rs. 5,57,411/-/- (Rupees Five Lakh Fifty Seven Thousand Four Hundred and Eleven Only) in 24 equal monthly installments.
2. Though the impugned order has been challenged in the above writ petition, 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 18 months to settle the amount in the writ petition.
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 https://www.mhc.tn.gov.in/judis 2/6 W.P. No. 16163 of 2022 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 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.5,57,411/-/- (Rupees Five Lakh Fifty Seven Thousand Four Hundred and Eleven Only) 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 order shall be kept in abeyance and the petitioner will not alienate the assets of the company.
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5. With the above directions, the writ petition is disposed of. No costs.
Consequently, connected Miscellaneous Petition is closed.
29.06.2022
Index : Yes / No
Internet : Yes/ No
mrn
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W.P. No. 16163 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. 16163 of 2022 D.KRISHNAKUMAR, J.
(mrn) W.P. No. 16163 of 2022 and W.M.P.No.15539 of 2022 29.06.2022 https://www.mhc.tn.gov.in/judis 6/6