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Madras High CourtWP/10571/2020dismissed as withdrawal

Fichtner Consulting Engineers (India) Pvt Ltd v. Regional Provident Fund Commissioner-Ii (C And R),

2020-08-17Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 10571 of 2020 and W.M.P. No. 12840 of 2020 Fichtner Counsulting Engineers (India) Pvt Ltd., Menon Eternity, 9th Floor, No.165, St.Mary's' Road, Alwarpet, Chennai - 600 018.

... Petitioner -vs1. Regional Provident Fund Commissioner-II, (C&R) Regional Office, No.37, Royapettah High Road, Chennai - 600 014.

2. Assistant Provident Fund Commissioner (C&R) Regional Office, No.37, Royapettah High Road, Chennai - 600 014.

3. The Recovery Officer, Regional Office, No.37, Royapettah High Road, Chennai - 600 014.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the Respondents from taking/proceeding with any coercive action against the Petitioner Company pursuance to the demand notice issued by the Third Respondent having reference No. TN/CHN/23377/Recovery/DN19/Regl/2020 dated 11.03.2020 till the statutory Tribunal (CGIT, Chennai) takes up the appeal filed by the Petitioner Company in EPF.A.SR. No. 87 & 91 of 2020 and consider and decide the application for stay. For Petitioner :

Mr. J. Hudson Samuel for M/s. Paul and Paul For Respondents:

Mr. T.R. Sundaram, Standing Counsel https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(through video conference) Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition and he has sent an e-mail dated 18.08.2020 to that effect, which is placed on record. 2.

Accordingly, the Writ Petition is dismissed as withdrawn. It is made clear that the Petitioner is not precluded from prosecuting the appeal in EPFA Nos. 76 and 77 of 2020 before the Central Government Industrial Tribunal cum Labour Court at Chennai. Consequently, the connected Miscellaneous Petition is closed. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar To

1. The Regional Provident Fund Commissioner-II, (C&R) Regional Office, No.37, Royapettah High Road, Chennai - 600 014.

2. The Assistant Provident Fund Commissioner (C&R) Regional Office, No.37, Royapettah High Road, Chennai - 600 014.

3. The Recovery Officer, Regional Office, No.37, Royapettah High Road, Chennai - 600 014.

W.P. No. 10571 of 2020 VBA(CO) SP(25/08/2020) https://hcservices.ecourts.gov.in/hcservices/