Kerala High Court
M/S.India Vision Satellite vs The Asst.Provident Fund Commissioner on 28 November, 2007
Author: S.Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 35118 of 2007(E)
1. M/S.INDIA VISION SATELLITE
... Petitioner
Vs
1. THE ASST.PROVIDENT FUND COMMISSIONER,
... Respondent
2. THE EMPLOYEES PROVIDENT FUND APPELLATE
For Petitioner :SRI.E.K.NANDAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :28/11/2007
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 35118 OF 2007
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Dated this the 28th day of November, 2007
JUDGMENT
The petitioner complains that although the petitioner has filed Ext.P2 appeal against Ext.P1 order assessing damages and 7Q interest under the Employees Provident Funds and Miscellaneous Provisions Act, the 1st respondent is taking coercive steps for recovery of the amounts before the petitioner can move the Tribunal for even stay.
2. I have heard the learned standing counsel appearing for the Provident Fund Organisation also. I feel that it would be unjust to proceed against the petitioner for recovery of the disputed amounts while the appeal is pending.
3. In the above circumstances, I direct the 2nd respondent to consider and pass appropriate orders on Ext.P2 as expeditiously as possible. Till disposal of the appeal coercive recovery proceedings shall be kept in abeyance, provided the W.P.(c) No.35118/07 2 petitioner pays Rs. 2 lakhs towards payment of damages and also the entire 7Q interest within a period of six weeks.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE Acd