M/S. Resource Technologies Pvt. Ltd., v. Employees Provident Fund Organisation,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.25234 of 2018 ORDER:

This writ petition is filed challenging the action of the 3rd respondent in attaching the movable and immovable properties of the petitioner vide notice No.TS/RO/HYD/22098/Recovery Cell/RC No.34/2015 & 132/2016/2018, dated 10-07-2018 towards alleged recovery of interest under Section 7Q of the Employees Provident Fund And Miscellaneous Provisions Act, 1952, while the enquiry in to the same is pending before the 2nd respondent. Sri Y.Ravinder, learned Standing Counsel appearing on behalf of the respondents submits that the impugned order of warrant of attachment of movable and immovable property dated 10-07-2018 is issued by mistake and it is only internal communication between the Enforcement Officer and the Assistant Provident Fund Commissioner. Till the amount is determined, the respondent-authorities are not going to enforce the impugned order of attachment against the petitioner. Since the impugned order of attachment of movable and immovable property dated 10-07-2018 is not served on the petitioner, the question of affecting the same does not arise and the same is set aside.

Accordingly, the writ petition is allowed to the extent indicated above. However, it is open for the respondents to take appropriate action for recovery of amounts after the amount is

determined. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 24-07-2018 Nvl