The Oxford Engineering College v. The Asst Provident Fund Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.4583 of 2021 The Oxford Engineering College, Represented by its Chairman, M.Subramaniam, Karumandapam, Trichy.

... Petitioner Vs.

1.The Assistant Provident Fund Commissioner, 2.The Enforcement Officer, 1/6

3.The Recovery Officer, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order of the 3rd respondent dated 05.02.2021 in No.Recovery/CB/RO-TRY/43797/8F/513/2020-21 issued under Section 8F of the Act and quash the same.

For Petitioner : M/s.J.Anandhavalli For Respondents : Mr.J.Robert Chandra Kumar, Standing Counsel

ORDER

The learned counsel appearing for the petitioner has filed an undertaking affidavit seeking permission to pay the outstanding balance in ten equal monthly installments.

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2. The learned Standing Counsel appearing for the respondents Mr.J.Robert Chandra Kumar vehmently objected for permitting ten equal monthly installments, for the reason that this is the third round of litigation.

3. However, considering the fact that the petitioner has already paid 50% of the total outstanding balance amount of Rs.35,68,975/- (Rupees Thirty Five Lakhs Sixty Eight Thousand Nine Hundred and Seventy Five only), this Court hereby direct the petitioner to pay the balance amount of Rs.16,46,690/- (Sixteen Lakhs Forty Thousand Six Hundred and Ninety only) in ten equal monthly installments and the first installment shall be paid on or before 05.05.2024.

4. In case of default for two consequent monthly installments, the respondents are at liberty to proceed against the petitioner in the manner known to law.

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5. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 16.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml Note: Issue order copy on 16.04.2024.

To 1.The Assistant Provident Fund Commissioner, 2.The Enforcement Officer, 4/6

3.The Recovery Officer, 5/6

L.VICTORIA GOWRI, J.

Sml 16.04.2024 6/6