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Madras High CourtWP/25872/2014dismissed as infructuous

Oriental Hotels Limited, v. The Assistant Provident Fund

2025-02-26Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and M.P.No. 2 of 2014 Oriental Hotels Limited, Unit: Taj Coromandel, No.37, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034.

... Petitioner Vs.

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

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records and quash the impugned order No.CC2/22/TN/7755/Comp/8F/Regl/2014 dated 13.06.2014, passed by the Respondent and consequently direct the respondent to refund 70% of the entire amount of Rs.22,52,117/- collected by the respondent, amounting to Rs.15,76,481/- to the Petitioner and pass orders. For Petitioner : Mr.A.R.Ramanathan Page No.1 of 4

For Respondents : Mr.T.R.Sundaram for R1 *****

ORDER

This Writ Petition has been filed by the petitioner to call for the records and quash the impugned order No.CC2/22/TN/7755/Comp/8F/Regl/2014 dated 13.06.2014, passed by the Respondent and consequently direct the respondent to refund 70% of the entire amount of Rs.22,52,117/- collected by the respondent, amounting to Rs.15,76,481/- to the Petitioner and pass orders.

2. When the matter is taken up for hearing, it is brought to the notice of this Court that as against the impugned order dated 13.06.2014, an appeal has been filed by the petitioner wherein the appellate authority allowed the said appeal. Aggrieved over the said appeal, the Board of Trustees also filed an appeal.

3. In the light of the above, nothing survives for adjudication in the present writ petition. However, liberty granted to the petitioner to claim refund before the authority concerned in the manner known to law. Page No.2 of 4

4. Accordingly, this writ petition is dismissed as infructuous. Consequently connected miscellaneous petition is closed. 26.02.2025 Index : Yes / No Speaking order / Non-speaking order rap To The Assistant Provident Fund Commissioner (C&R) Employees Provident Fund Organisation, Regional Office, No.37, Royapatah High Road, Chennai-600 014.

Page No.3 of 4

M.DHANDAPANI, J.

rap 26.02.2025 Page No.4 of 4