M/S. Vijaya Durga Agro Oils Industries, v. Employees Provident Fund Organization,

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Writ Petition No.1103 of 2009 ORDER:

The petitioner seeks Writ of Mandamus declaring the order passed by the 1st respondent in Proceedings No.AP/SRO/RJY/Penal Damages/14333/2009/64 dt.16.01.2009 addressing the 2nd respondent to withhold the lease amount as illegal, unjust, contrary to law and grant all consequential benefits which are deemed fit. 2) When the matter came up for hearing, both the learned counsel on instructions would submit that the petitioner will deposit the amount of interest under Section 7Q of Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short "the Act"), for which a reasonable time may be granted and so far as damages under Sections 14B of the Act is concerned, the petitioner may make a representation to the concerned authorities to consider and pass an appropriate order within a stipulated time.

3) In view of the above submissions, this Writ Petition is disposed of directing the petitioner to deposit the interest amount of Rs.2,77,438/- imposed under Section 7Q of the Act with the 1st respondent within three(3) months from the date of this order. Sofaras damages of Rs.3,84,366/- imposed under Section 14B of the Act is concerned, the petitioner is at liberty to make a representation to the 1st respondent within four(4) weeks from the date of this order, in

which case, the 1st respondent shall consider the same and pass an appropriate order on merits within four(4) weeks thereof. No costs. As a sequel there to, miscellaneous applications, pending if any, shall stand closed.

_________________________ U.DURGA PRASAD RAO, J Date: 27.09.2018 Note: Issue C.C by tomorrow.

(b/o) scs