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Madras High CourtWA/110/2015withdrawn dismissed

Associated Cylinders And v. Assistant Provident Fund

2015-02-05Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date:- 05-02-2015 Coram THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.A.Nos.110 and 111 of 2015 against M.P.Nos. 3 & 4 of 2015 in W.P.Nos. 950 of 2015 Associated Cylinders and Accessories Pvt.Ltd.Rep by its Director Mr.Alex Thomas Thirubhuvanani, Puducherry 605 107 Petitioner in both the appeals Vs Assistant Provident Fund Commissioner (Comp) Employees Provident Fund Organisation Sub Regl. Off at 101 100 Feet Road Cholan Nagar Olandai, Keerapalayam Puducherry Respondent in both the appeals Writ appeals against the order dated 13-01-2015 made in M.P.Nos.3 and 4 of 2015 in W.P.No.950 of 2015.

Prayer in Mps.3 and 4 of 2015 in WP.No.950/2015: M.P.No.3 of 2015 in WP.No.950/15:

Grant interim stay of the order dated 9.10.2014 made in No.TBM/PC4/PC/388/DIV-II/Comp/8F/2014 passed by the respondent. M.P.No.4 of 2015 in WP.No.950/15:

Grant interim stay of the order dated 12.12.2014 made in TBM/SRO/Pondy/PC/388/Comp/DIV-II/2014 passed by the respondent pending disposal of the above WP.No.950/2015. https://hcservices.ecourts.gov.in/hcservices/

Prayer in WP.No.950/2015:

Petition presented to this Court under Article 226 of the Constitution of India to call for the records relating to order dated 15.4.2014 made in No. TBM/SRO/PCY / PC / 388/Comp/DIV-II/7A/2014 and consequential order dated 9.10.2014 made in TBM/PCY/PC/388/DivII/Comp/8F/2014 and further order dated 12.12.2014 made in TBM/SRO/PONDY/PC/388/Comp/Div-II/2014 passed by the respondent and quash the same and consequently allow the petitioner to pay the balance total outstanding dues as per instalment facility circular dated 11.2.2014 made in NO.RRC/28(23)06 / BIFR/23781 issued by the Employees Provident Fund Organisation New Delhi. For appellant : Mr. R. Thiagarajan

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) The learned counsel for the appellant has made the following endorsement:

"As liberty has been granted for filing (modification) petition on 30-01-2015, and the same has been filed, (I) may be permitted to withdraw (the petition), with liberty to challenge if aggrieved. "

In view of the above, the writ appeal is dismissed as withdrawn, with liberty as aforestated, if the appellant is so advised. No costs. Consequently, the connected miscellaneous petition in M.P.Nos.1 of 2015 (2) are also dismissed.

glp -s/d- Assistant Registrar(CO) Dt:5/2/2015 True Copy Sub-Assistant Registrar To Assistant Provident Fund Commissioner (Comp) Employees Provident Fund Organisation Sub Regl. Off at 101 100 Feet Road Cholan Nagar Olandai Keerapalayam Puducherry.

+ 2 ccs to Mr.R.Thiagarajan, Advocate SRs. 6279 & 6280 (co) prk5/2 W.A.Nos.110 and 111 of 2015 https://hcservices.ecourts.gov.in/hcservices/