Madras High CourtWP/35006/2014disposed of

Source Hov India Private v. The Assistant Provident Fund

2015-02-04Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2015

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.35006 of 2014 & M.P.No.1 of 2014 Source HOV India Private Limited (Formerly known as Lason India Limited) Dowlath Towers, 6th, 8th to 11th Floors 59, 61 and 63 Taylors Road Kilpauk, Chennai 600 010 Rep by its Deputy General Manager ..

Petitioner v.

1.The Assistant Provident Fund Commissioner Employees' Provident Fund Organisation 37 Royapettah High Road Chennai 600 014.

2.The Presiding Officer Employees Provident Fund Appellate Tribunal Scope Minar, 4th Floor Core-2, Laxmi Nagar Delhi 110 092.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus forbearing the first respondent from taking any recovery proceedings in terms of the order dated 10.10.2014 (received by the petitioner on 11.12.2014) in Proceedings No.TN/(36395/23/MAS/PDC/2014 till the appeal is taken up for hearing by the 2nd respondent Tribunal.

For Petitioner : Mr.Anand Gopalan for M/s.T.S.Gopalan & Co. For Respondents : Mr.A.P.Surya Prakasam - for R1 Tribunal - R2

ORDER

By consent of both the parties, the writ petition itself is taken up for final disposal.

2. The petitioner Company has filed the above writ petition to issue a writ of mandamus forbearing the first respondent from taking any recovery proceedings in terms of the order dated 10.10.2014 till the appeal is taken up for hearing by the 2nd respondent Tribunal. https://hcservices.ecourts.gov.in/hcservices/

3. Since there was no Presiding Officer in the second respondent Tribunal, the petitioner Company has filed the writ petition before this Court. This Court admitted the writ petition and granted an order of interim stay on 30.12.2014.

4. When the matter is taken up for hearing today, the learned counsel for the petitioner submitted that till the second respondent Tribunal takes up the stay petition filed by the petitioner Company, the first respondent may be restrained from taking any steps for recovery of proceedings in terms of the order dated 10.10.2014.

5. Since there is no Presiding Officer available in the second respondent Tribunal at present, I direct the first respondent not to take any recovery proceedings in terms of the order dated 10.10.2014 till the stay petition filed by the petitioner in ATA No.1376(13) of 2014 is taken up for hearing by the second respondent Tribunal. With the above observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gms To 1.The Assistant Provident Fund Commissioner Employees' Provident Fund Organisation 37 Royapettah High Road Chennai 600 014.

2.The Presiding Officer Employees Provident Fund Appellate Tribunal Scope Minar, 4th Floor Core-2, Laxmi Nagar Delhi 110 092.

1 cc to Mr. N.Sonthash Nagaraja,Advocate, SR.No.5842 1 cc to Mr. T.S.Gopalan & Co.,,Advocate, SR.No.5690 W.P.No.35006 of 2014 rsy(co) pmk.19.2.2015 https://hcservices.ecourts.gov.in/hcservices/