The Regional Provident Fund v. Manipal Sowbhagya Nidhi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2022
CORAM
THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MR JUSTICE N. ANAND VENKATESH W.A.(MD)Nos.748 and 749 of 2013 W.A.(MD)No.876 of 2016 M.P(MD)Nos.1 & 1 of 2013 C.M.P(MD)No.5266 of 2016 W.A(MD)Nos.748 & 749 of 2013 1.The Regional Provident Fund Commissioner Employees Provident Fund Organization, Regional Office, Madurai-625 002.
2.The Recovery Officer, Employees Provident Fund Organization, Regional Office, No.1, Lady Doak College Road, Chockikulam, Madurai-625 002.
... Appellants/Respondents 1&2 in both W.As /Vs./ 1.Manipal Sowbhagya Nidhi Limited, represented by its Manager, Manipal House, Manipal-576 104.
...Respondent/Petitioner in both
W.As
2.P.K.S.Sambandham
...Respondent/3rd Respondent in
W.A(MD)No.748 of 2013 3.A.Brahmoraj
...Respondent/3rd Respondent in
W.A(MD)No.749 of 2013 PRAYER:
Appeals filed under Clause 15 of the Letters Patent, praying this Court, to set aside the order dated 08.09.2011 made in W.P(MD)Nos. 6725 & 6726 of 2007 and allow this writ appeal. For Appellants in both W.As : Mr.Muralisankar For R1 in both W.As : Mr.G.Thalaimutharasu W.A(MD)No.876 of 2016 1.The Regional Provident Fund Commissioner Employees Provident Fund Organization, Regional Office, No.1, Lady Doak College Road, Chockikulam, Madurai-625 002.
2.The Recovery Officer, Employees Provident Fund Organization, Regional Office, No.1, Lady Doak College Road, Chockikulam, Madurai-625 002.
3.The Enforcement Officer, Employees' Provident Fund Organization, District Office, Opposite to Municipal Vegetable Market Police Station Road, Sivakasi-626 123.
... Appellants/Respondents 1 to 3
/Vs./ 1.Sri.R.Balachandran 2.Smt.B.Ramdev Soundari 3.M/s.Swamiji Mills Ltd., No.76, P.K.S.Street, Factory at Anaikuttam, Sivakasi through the Official Liquidator, H.C., Madras.
...Respondent/Petitioners
For Appellants : Mr.Muralisankar For R3 : M/s.Malathi Sampathkumar COMMON JUDGMENT J. NISHA BANU,J.
N. ANAND VENKATESH,J.
When these writ appeals came up for hearing on 21.09.2022, this Court passed the following order:
"The learned counsel appearing on behalf of the Employees Provident Fund Commissioner submitted that the petitioner in the writ petitions has gone into liquidation and already liquidator was appointed and the department has also made their claim.
The learned counsel sought some time to state as the claim is already settled in favour of the department. Post these writ appeals under the caption 'for orders' on 28.09.2022."
2.When these matters were taken up for hearing today, the learned Standing Counsel appearing on behalf of the Regional Provident Fund Commissioner submitted that the Department had made their claim before the Official Liquidator and an application was also filed before the Company Court in C.A.No.447 of 2012 and this Court directed the Official Liquidator to settle the dues of the department within three months from the date of receipt of a copy of the order.
3.The learned Standing Counsel submitted that this order has not been complied with till date.
4.In the considered view of this Court, in view of the subsequent development that has taken place in this case, no further orders can be passed in these writ appeals. The department has already made their claim before the Official Liquidator and a direction has also been issued by this
Court. If this direction has not been complied with by the official liquidator till date, there shall be a further direction to the effect that the official liquidator shall comply with the order passed in C.A.No.447 of 2012, within a period of three months from the date of receipt of a copy of this order. The issue that has been raised in these writ appeals shall be kept open to be agitated in an appropriate case.
5.All the writ appeals are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (J.N.B.,J.) (N.A.V.,J.) 28.09.2022 Index : Yes/No Internet : Yes Ns
J. NISHA BANU,J.
N. ANAND VENKATESH,J.
Ns Judgment made in W.A.(MD)Nos.748 and 749 of W.A.(MD)No.876 of 2016 M.P(MD)Nos.1 & 1 of 2013 C.M.P(MD)No.5266 of 2016 Dated 28.09.2022