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Madras High CourtWP/30042/2019disposed of

M/S.Ogun Securitas v. The Regional Provident Fund

2019-10-22Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.30042 of 2019 and W.M.P.No.29968 of 2019 M/s.OGUN SECURITAS Rep.by its Proprietor Mr.T.Manivannan 19, 3rd Cross, Collector Sivakumar Street, Saibaba Colony, Coimbatore - 641 038 ..Petitioner Vs.

The Regional Provident Fund, Commissioner-II and Recovery Officer, Employees Provident Fund Organization Regional Office, Dr.Balasundaram Road, Coimbatore - 641 018 ..Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the entire records relating to the Impugned Show Cause Notice dated 6.7.2019 in TN/RO/CBE/RECOVERY/1026999/CC14/SCN/2019 and quash the same. For Petitioner : Mr.L.Mouli For Respondent : Mr.C.Kulanthaivel

O R D E R

The Show Cause Notice dated 06.07.2019 issued by the respondent is sought to be quashed in the present writ petition.

2. The learned counsel for the writ petitioner, without insisting other grounds raised in the present writ petition, made a submission that on account of Financial crisis, the writ petitioner is unable to pay the dues amounting to Rs.2,53,044/- (Rupees Two Lakh Fifty Three Thousand and Forty Four only). However, the writ petitioner is ready and willing to settle the amount within a period of three Months from today. 1/2 https://hcservices.ecourts.gov.in/hcservices/

3. In view of the fair submission made by the learned counsel for the writ petitioner, this Court is inclined to grant three Months time for paying the entire dues. Accordingly, the writ petitioner is directed to pay the entire dues in Three equal installments, commencing from 1st November 2019 and in the event of any default in payment of Monthly installment, the respondent is at liberty to initiate all further actions to recover the amount by following the procedures as contemplated under law.

4. With these observations, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kak To The Regional Provident Fund, Commissioner-II and Recovery Officer, Employees Provident Fund Organization Regional Office, Dr.Balasundaram Road, Coimbatore - 641 018 +1cc to Mr.L.Mouli, Advocate sr.88103 +1cc to Mr.C.Kulanthaivel, Advocate sr.88069 W.P.No.30042 of 2019 nrl(co) nr 13/11/2019 2/2 https://hcservices.ecourts.gov.in/hcservices/