M/S.I-Horse Technologies Pvt Ltd v. Regional Provident Fund Commissioner-Ii
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and WMP.No.3704 of 2025 M/s.I-Horse Technologies Pvt Ltd., Rep.by its Chairman and CEO Mr.S.Kaundeya Old No.374, New No.388, Vazhudhavur Main Road Shanmugapuram, Puducherry - 605 009.
... Petitioner Vs.
Regional Provident Fund Commissioner II Employees Provident Fund Organization Regional Office, No.101, 100 Feet Road Cholan Nagar, Olandai Keerapalayam Puducherry 605 004.
....Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of impugned order bearing Ref. No.TN/RO/PDY/1613/PDC/7Q/2024 dated 07.08.2024 to quash the same and allow the petitioner to pay the amount of Rs.31,60,727/- 1/6
(Rupees Thirty One Lakhs Sixty Thousand Seven Hundred and Twenty Seven Only) in 36 equal monthly installments.
For Petitioner : Mr.P.Thangaraju For Respondent : Mr.P.K.Panneer Selvam
ORDER
This Writ Petition is filed challenging the impugned order dated 07.08.2024. By the said order the petitioner is required to pay a sum of Rs.31,60,727/-.
2. Heard Mr.P.Thangaraju, learned counsel for the petitioner and Mr.P.K.Panneerselvam, learned counsel for the respondent.
3. When the matter came up for hearing, the learned counsel appearing on behalf of the petitioner would submit that the petitioner would be satisfied if this Court grants ample time to pay the amount in monthly installments. The learned counsel prays that the petitioner may be permitted to pay the amount in 32 monthly installments. He would submit that there is a 2/6
financial difficulty for the petitioner's Company. It has to pay the monthly salary besides also to clear the arrears. It is the submission of the learned counsel that the entire contribution is already paid and the present amount is only with reference to interest.
4. Mr.P.K.Panneer Selvam, learned Standing Counsel, taking notice on behalf the respondent organization would submit that when the petitioner has belatedly paid the amount and when the order levying the interest has become final, huge time as prayed for cannot be granted. Even if installments has to be granted, only reasonable time can be granted to the petitioner company.
5. In view of the above limited prayer made by the petitioner to grant time to pay the interest amount only in installments and considering the fact that the petitioner has already paid the contribution and considering the financial difficulty pleaded on behalf of the petitioner, I am of the view that the interest of justice should be served if the petitioner company is permitted to pay the said sum of Rs.31,60,727/- in 16 monthly installments. The first 15 3/6
installments shall consist of Rs.2,00,000/- each and the last installment shall be paid of a sum of Rs.1,60,727/-. The installment shall commence from the month of February-2025 and shall be paid on or before 25th of every month. Even if the petitioner defaults in payment of one single installment, the respondent organization will be entitled to proceed further.
6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 31.01.2025 : No dna 4/6
To The Regional Provident Fund Commissioner II Employees Provident Fund Organization Regional Office, No.101, 100 Feet Road Cholan Nagar, Olandai Keerapalayam Puducherry 605 004.
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D.BHARATHA CHAKRAVARTHY , J.
dna and WMP.No.3704 of 2025 31.01.2025 6/6