M/S.Prithvi Information Solutions Pvt. Ltd v. Employees Provident Fund Organization

HON'BLE SRI JUSTICE S.V. BHATT W.P.No.5477 of 2015 ORDER:

Heard learned counsel for the petitioner-Sri Vedula Srinivas and Sri R.N.Reddy-learned standing counsel for the respondents. Petitioner assails order in ATA No.1166(1) of 2014, dated 14.11.2014 as illegal and unconstitutional. The petitioner alternatively contends that while granting 20 monthly equal instalments, the Tribunal erred in directing deposit of the instalments by 10th of every calendar month. The submission of petitioner is that the payment pressure on the petitioner-company in the first half of every calendar month is on the higher side and the non payment or default will take away the benefit given to the petitioner through order dated 14.11.2014 and requests payment or deposit of instalment on or before 28th of every calendar month.

Learned standing counsel while not opposing the request for rescheduling the payment from 10th of every calendar month to a convenient date submits that the deposit may be made on or before 28th of calendar month.

This is a matter more of convenience than of a dispute. Having regard to the prompt payment already made by the petitioner and the assurance that the petitioner intends to adhere to the instalments granted by the Tribunal, the order dated 14.11.2014 is modified to the limited extent of depositing the instalment on or before 25th of every calendar month. In view of the modification of the order dated 14.11.2014, the attachment of house property is directed to be raised by the respondents. The modified order commences from 25th of March 2015.

With the above observation, the writ petition is disposed of. No order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

______________ S.V. BHATT, J Date: 06.03.2015 KLP