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Madras High CourtWP/20367/2012closed

Mr.R.Radhakrishnan, v. The Regional Provident Fund

2025-02-17Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-02-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI WP Nos. 20367, 20368 & 20369 of 2012 and M.P.Nos.1 to 3 of 2012 & 1+1 of 2012 Mr.R.Radhakrishnan, Managing Director, Seagull Clearing And Forwarding Agencies (p) Ltd., No.20, Beach House, 2nd Line Beach, Chennai-1 Petitioner(s) Vs

1. The Regional Provident Fund Chennai Region, No.37, Royapettah High Road, Chennai-14

WP No. 20368 of 2012

1. Mr.A.K.Jayaseelan, Director, Seagull Clearing And Forwarding Agencies (p) Ltd., No.20, Beach House, 2nd Line Beach, Chennai-1 Petitioner(s) Vs

1. The Regional Provident Fund Chennai Region, No.37, Royapettah High Road, Chennai-14 WP No. 20369 of 2012

1. Mr.R.Haridas, Director, Seagull Clearing And Forwarding Agencies (p) Ltd., No.20, Beach House, 2nd Line Beach, Chennai-1 Petitioner(s) Vs

1. The Regional Provident Fund Chennai Region, No.37, Royapettah High Road, Chennai-14

PRAYER Calling for the records of the 2nd respondent in respect of this impugned communications bearing; i) No.CHN/Recy/ TN/48400/Regl/2010 dated 21.7.2010, Notice of demand of defaulter for interest and penalty u/s 7Q and 14B of the P.F. Act; ii) No.CHN/Recy/ TN/48400/ Regl/2012 dated 20.6.2012, for Notice to Show Cause why a Warrant of Arrest should not be issued and iii) No.CHN/Recy/ TN/48400/Regl/2012 dated 20.6.2012 received by hand on 9.7.2012 for notice of attachment issued by the 2nd respondent and quash the same and direct the respondent to permit the petitioner to pay the provident fund arrears in 12 equal monthly instalment basis. WP No. 20368 of 2012 PRAYER Calling for the records of the 2nd respondent in respect of this impugned communications bearing No.CHN/Recy/ TN/48400/Regl/2012 dated 20.6.

2012, for Notice to Show Cause why a Warrant of Arrest should not be issued and quash the same WP No. 20369 of 2012 PRAYER Calling for the records of the 2nd respondent in respect of this impugned communications bearing No.CHN/Recy/ TN/48400/Regl/2012 dated 20.6.2012 for notice to show cause why a warrant of arrest should not be issued and quash the same In all W.P.'

M/s.R.Vasudevan

For Respondent(s):

M/s. K. Venkatesan COMMON ORDER Since the issue involved in the present writ petitions are one and the same, they are disposed of by way of this common order.

2. It is the case of the petitioners that they are the Managing director of the M/s.Seagull Clearing and Forwarding Agencies (P) Ltd. Due to financial crisis the petitioner company fell behind in payment of provident fund contribution to the respondents. Subsequently, demand notices u/s.14B and 7Q of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 have been issued to the respective petitioners. All of a sudden, the respondents issued warrant of arrest to the respective petitioners. Challenging the aforesaid orders u/s.14B and 7Q of the Act and the warrant of arrest, the present writ petitions have been filed.

3. When the matters were taken up for hearing, the learned counsel for the petitioner in respective writ petitions submitted that during the pendency of the

above writ petitions, the entire amount due from the petitioner to the respondent has been paid. Hence, no further order is necessary in these writ petitions.

4. With the above observation, these writ petitions are closed. No costs. Consequently connected miscellaneous petitions are closed. 17-02-2025 RAP Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Regional Provident Fund Chennai Region, No.37, Royapettah High Road, Chennai-14

M.DHANDAPANI J.

RAP WP Nos. 20367, 20368 & 20369 of 2012 17-02-2025