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Madras High CourtWP/38461/2015closed

Forward Shoes India Pvt Ltd v. The Regional Provident Fund

2018-07-27Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-07-2018

CORAM:

THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.38461 of 2015 And M.P.Nos.1 and 2 of 2015 Forward Shoes India Pvt. Ltd., No.7, MGR Nedumchalai, Chrompet, Chennai-44 Represented by its Managing Director, Mr.Mohamad Yavar Dhala ..

Petitioner vs.

1.The Regional Provident Fund Commissioner, Employee's Provident Fund Organisation, Regional Office, 3, Rajaji Salai, Tambaram, Chennai - 600 045.

2. The Recovery Officer, Employee's Provident Fund Organisation Regional Office, 3, Rajaji Salai, Tambaram, Chennai - 600 045.

..

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the second respondent auction notice proclamation of sale dated 26.10.2015 in proceeding No.TB/ RO/ TAM/Enf/T-4/10860, 10860A, 60577, 62010/2015 consequent corrigendum in proceeding No.TB/RO/TAM/Enf/T-4/10860, 10860A, 60577/62010/2015 dated 12.11.2015 issued by the second respondent and quash the same and direct the second respondent not to auction the properties to the petitioner, contrary to the undertaking recorded in this Court in WP No.14440 of 2013 dated 17.9.2013.

For Petitioner ::

Mr.G.Anand, M/s.T.S.Gopalan and For Respondents ::

Mr. K.Ramu https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The learned counsel, appearing on behalf of the writ petitioner, made a submission that the entire arrears due to the Employees Provident Fund Organisation as per the impugned order has already been paid.

2. The learned counsel, appearing on behalf of the respondents, now confirmed the fact that the payment has already been made with reference to the impugned order dated 27.03.2013. This being the factum of the case, no further adjudication needs to be entertained in respect of the grounds raised in this writ petition.

3. Accordingly, the writ petition stands closed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are also closed. Sd/- Assistant Registrar(CS-v) //True Copy// Sub Assistant Registrar Svn To 1.The Regional Provident Fund Commissioner, Employee's Provident Fund Organisation, Regional Office, 3, Rajaji Salai, Tambaram, Chennai - 600 045.

2. The Recovery Officer, Employee's Provident Fund Organisation Regional Office, 3, Rajaji Salai, Tambaram, Chennai - 600 045.

+1 cc to M/S.T.S.GOPALAN AND CO SR.NO. 51079 W.P.No.38461 of 2015 SPD(cO) ASK(14/08/2018) https://hcservices.ecourts.gov.in/hcservices/