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Madras High CourtWP/4048/2022disposed of

M/S.Srinivas Waste Management Service Ltd v. The Regional Provident Fund Commissioner-I

2022-02-24Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.4048 of 2022 M/s.Srinivas Waste Management Services Ltd., F3, Harmony Enclave, 8, Abbusali Street, Saligramam, Chennai-600 093.

Represented by its Director.

.. Petitioner vs.

The Regional Provident Fund Commissioner-I, Employees Provident Fund Organization, Regional Office, Chennai-South, 37, Royapettah High Road, Chennai-600 014.

.. Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to accept monthly instalments pursuant to the notice dated 07.01.2022 in Proceedings No.TN/CHENNAI SOUTH /MAS/54180/PDC/D-21/2021/7Q and permit the petitioner to remit the interest sum of Rs.3,11,959/- on 10 monthly instalments.

For Petitioner : Ms.G.Dhanamadhri for M/s.T.S.Gopalan & Co., For Respondent : Mr.R.Vishnu, Standing Counsel for EPF

ORDER

By consent, this Writ Petition is taken up for final disposal.

2. The learned counsel for the petitioner submitted that the respondent has passed the impugned order dated 07.01.2022, demanding the petitioner to pay interest of Rs.3,11,959/- under Section 7Q of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 and the petitioner, in this regard, has https://hcservices.ecourts.gov.in/hcservices/

made a representation to the respondent to consider for payment of the said amount in six equal monthly instalments and since the said representation has not been considered, the petitioner has filed the present writ petition.

3. Mr.R.Vishnu, learned Standing Counsel for EPF fairly submitted before this Court that the respondent may not have serious objection for payment of amount in instalments.

4. Taking into consideration the submission made by the parties, this Court directs the petitioner to pay the interest demand of Rs.3,11,959/- in six equal monthly instalments, commencing from March 2022 and the same shall be paid on or before 10th of every succeeding English calendar month and in default, it is open to the respondent to proceed further in accordance with law for recovery of the said amount and till such time, the recovery proceedings shall be kept in abeyance.

5. The Writ Petition stands disposed with the above directions. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Jvm To The Regional Provident Fund Commissioner-I, Employees Provident Fund Organization, Regional Office, Chennai-South, 37, Royapettah High Road, Chennai-600 014.

+1cc to M/s.T.S.Gopalan & Co.,, Advocate, S.R.No.12402 W.P.No.4048 of 2022 KG[co] NSK 10/03/2022 https://hcservices.ecourts.gov.in/hcservices/