Kerala High Court
M/S.Kerala Chamber Of Commerce ... vs The Asst. Provident Fund Commissioner on 28 January, 2002
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 25TH DAY OF SEPTEMBER 2017/3RD ASWINA, 1939
WP(C).No. 30485 of 2017 (I)
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PETITIONER:
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M/S.KERALA CHAMBER OF COMMERCE INDUSTRY,
CHAMBER BUILDING, SHANMUGHAM ROAD, ERNAKULAM-682031,
REPRESENTED BY ITS SECRETARY, A.J.RAJAN.
BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
RESPONDENT(S):
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1. THE ASST. PROVIDENT FUND COMMISSIONER,
REGIONAL OFFICE, 36/685/A, BHAVISHYANIDHI BHAVAN,
P.B.NO.1895, KALOOR, KOCHI-682017.
2. THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL,
KARSHAKA ROAD, ERNAKULAM-682016.
R1 BY ADV. DR.S.GOPAKUMARAN NAIR (SR.)
R1 BY ADV. SRI.S.PRASANTH, SC,
R2 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R2 BY ADV. SMT.O.M.SHALINA, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25-09-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 30485 of 2017 (I)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE FRESH CERTIFICATE OF INCORPORATION
CONSEQUENT ON CHANGING OF NAME ISSUED BY THE REGISTRAR
OF COMPANIES, DATED 28-01-2002.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION UNDER
SECTION 12AA OF THE INCOME TAX ACT ISSUED BY THE
COMMISSIONER OF INCOME TAX, KOCHI DATED 30-05-2005.
EXHIBIT P3 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF
ASSOCIATION OF THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE STATEMENT DATED 26-2-2015 OF THE
PETITIONER SUBMITTED DURING THE PERSONAL HEARING
(WITHOUT ANNEXURE)
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 23-8-2017, A COPY OF
WHICH IS RECEIVED BY THE APPELLANT ON 31-8-2017.
EXHIBIT P6 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 15-9-2017
FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
WITHOUT ANNEXURES.
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
K.V. P.S.TO JUDGE
K.VINOD CHANDRAN, J
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W.P.(C).No. 30485 of 2017 I
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Dated this the 25th day of September, 2017
J U D G M E N T
The petitioner is aggrieved with Ext.P5 order passed by the 1st respondent against the petitioner. Against this order, the petitioner filed Ext.P6 appeal before the 2nd respondent. Petitioner prays for expeditious consideration of Ext.P2 appeal.
2. In such circumstances, the appellate authority, the 2nd respondent shall consider and dispose of Ext.P6 appeal as expeditiously as possible. Recovery proceedings shall be kept in abeyance till orders are passed in Ext.P6 appeal or the stay petition, whichever is earlier, by the appellate authority. The petitioner WP(C).30485/2017 2 shall also ensure that proper party is impleaded as the respondent rather than the officer, who passed the impugned order.
3. The writ petition is disposed of without any observation on merits and keeping in abeyance the recovery till such time as the directions herein are complied with by the appellate authority, whose orders shall determine the further steps thereafter.
Writ petition is disposed of. No costs.
Sd/-
(K. VINOD CHANDRAN, JUDGE)
jma //true copy//
P.A to Judge