M/S. Vasantha Mills Limited, v. The Recovery Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2023
CORAM
THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR M/s Vasantha Mills Limited Represented by its Director S.Subramani .. Petitioner Vs.
1. The Recovery Officer Dr Balasundaram Road, Coimbatore - 641 018.
2. The Employees Provident Fund Organisation Govt of India, Ministry of Labour Bhavishya Nidhi Bhavan, Dr Balasundaram Road, Coimbatore - 641 018.
3. The Regional PF Commissioner Bhavishya Nidhi Bhavan, Dr Balasundaram Road, Coimbatore - 641 018.
4. The Central Board of Trustees, Employees Provident Fund Organisations, Shram Shakthi Bhawan, Rafi Marg, New Delhi - 110 001.
(R4 impleaded as per order of 13.06.12 by NPVJ in M.P.No.3/12 in W.P.No.14822 of 2012) ... Respondents
Prayer : - Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the 2nd respondent in his proceedings - TN/RO- CBE(72)/RECOVERY/2012 dated 21.05.2012 and quash the same further direct the 1st respondent to dispose of the application filed for waiver under Section 14B of the Employees Provident Fund Act and for consequential orders. For Petitioner : Mr.Sunny Sheen for M/s V.Srimathi For Respondent Nos.1 to 3 : Mr.C.Kulanthaivel, Senior Counsel
ORDER
This writ petition filed seeking for issue of a writ of certiorarified Mandamus to call for the records in connection with proceedings TN/ROCBE(72)/RECOVERY/2012 dated 21.05.2012 issued by the second respondent with regard to proposed auction sale of immovable properties herein for recovery of employees provident fund dues.
2. When the matter was taken up for consideration of this Court on 29.11.2023, it was brought to the notice of this Court by the learned counsel
for the respondents that the entire amount covered under auction notice was already paid by the petitioner herein and the matter was already settled.
3. Under these circumstances, to enable the learned counsel for the petitioner to get instructions, the matter was adjourned to this day.
4. Today, when the matter is taken up for consideration, it is represented by the learned counsel for the petitioner that the writ petition may be closed recording the submission of the learned counsel for the respondents.
5. In the light of the above, as the amount sought to be recovered through the impugned auction Notice, is stated to have been already paid, the writ petition does not survive and the same is accordingly closed. No costs. 07.12.2023 Index : Yes/No Speaking Order / Non Speaking Order adl
To
1. The Recovery Officer Dr Balasundaram Road, Coimbatore - 641 018.
2. The Employees Provident Fund Organisation Govt of India, Ministry of Labour Bhavishya Nidhi Bhavan, Dr Balasundaram Road, Coimbatore - 641 018.
3. The Regional PF Commissioner Bhavishya Nidhi Bhavan, Dr Balasundaram Road, Coimbatore - 641 018.
4. The Central Board of Trustees, Employees Provident Fund Organisations, Shram Shakthi Bhawan, Rafi Marg, New Delhi - 110 001.
MUMMINENI SUDHEER KUMAR, J.
adl 07.12.2023