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Madras High CourtWP/2024/2015disposed of

M/S.Tirupur Sri Sentil Cotton v. The Assistant Provident Fund

2015-01-29Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2015

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.2024 of 2015 & M.P.No.1 of 2015 M/s.Tirupur Sri Sentil cotton Mills Limited, Rep. By its Manager K.Jayapal, s.f.No.302, Andipalayam, Mangalam Road, Tirupur - 641 687.

..

Petitioners v.

The Assistant Provident Fund Commissioner, EPF Organisation, Dr.Balasundaram Road, Coimbatore - 18.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of certiorarified mandamus, calling for records in order in Ref.No. TN/CB/45701/ ENF/CC-29/2014, dated 02.01.2015 passed by the respondent, quash the same and consequently directing the respondent to accept the remaining outstanding determined amount in the above impugned order in 24 equal installments. For Petitioner : Mr.S.Gunalan For Respondent : Ms.V.J.Latha

ORDER

The petitioner has filed the above writ petition to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 02.01.2015 passed by the respondent, quash the same and consequently direct the respondent to accept the remaining outstanding determined amount in the above impugned order in 24 equal installments.

2. The only contention raised by the writ petitioner is that the petitioner Mill may be permitted to pay the demand made by the respondent in 24 equal monthly installments.

3. On a perusal of the impugned order dated 02.01.2015 , it could be seen that the respondent had fixed the demand at Rs.2,99,333/- (Rupees two lakhs ninety nine thousand three hundred and thirty three only).

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4. Ms.V.J.Latha, learned counsel takes notice for the respondent and submitted that the petitioner may be permitted to pay the demand amount of Rs.2,99,333/- in 4 equal monthly installments.

5. The learned counsel for the petitioner submitted that the petitioner may be permitted to pay the demand amount more than 4 equal monthly installments.

6. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the averments stated in the affidavit filed in support of the above writ petition, the petitioner is directed to pay the demand amount of Rs.2,99,333/- in 6 equal monthly installments commencing from 01.02.2015. It is made clear that the petitioner shall make the installments without any default on or before 10th of every succeeding month.

With the above observation, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Assistant Provident Fund Commissioner, EPF Organisation, Dr.Balasundaram Road, Coimbatore - 18.

+ 1 cc to M/s. V.J. Latha, Advocate Sr.4440 + 1 cc to M/s. S Gunalan, Adocate Sr.4514 W.P.No.2024 of 2015 & M.P.No.1 of 2015 RSI(CO) Eu 06.02.15 https://hcservices.ecourts.gov.in/hcservices/