M/S. Sun (Tamil Nadu) Management Services Private Limited v. The Regional Provident Fund Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) Nos.5880 & 5881 of 2025 M/s.Sun (Tamil Nadu) Management Services Pvt., Ltd., rep.by its Director V.Vijimon Milky Home, Plot No.10 D-30, Ground Floor Ashok Nagar 3rd Street Melakkal Road, Kochadai Madurai-625 016 ... Petitioner -vs1.The Regional Provident Fund Commissioner Employees' Provident Fund Organization Regional Office No.1, Lady Doak College Road Chokkikulam Madurai-625 002 2.The Branch Manager IDBI Bank Bye Pass Road Madurai ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records on the file of the respondent issued to the second respondent vide reference No.TN/RO/MDU/PDC/M-2/42662/8F/2025, dated 11.03.2025, for deducting the amount of Rs.30,18,235/- from petitioner Bank account and quash the same and granting adequate installment facility to the petitioner to remit the interest amount and to issue such other appropriate direction or orders to the respondents and grant such other remedy and relief to the petitioner. For Petitioner :

Mr.M.Kannan For Respondents :

Mr.P.Karthick for R1

O R D E R

This writ petition has been filed by the petitioner - Establishment seeking a writ of certiorarified mandamus to call for the records pertaining to the proceeding in Ref.No.TN/RO/MDU/PDC/M-2/42662/8F/2025 dated 11.03.2025 passed by the first respondent and to quash the same. However, sought for a consequential direction to permit the petitioner to remit the amount claimed under the impugned proceedings to the tune of Rs.30,18,235/- in 24 equal monthly installments.

2. When the matter is taken up for consideration, the learned counsel appearing for the petitioner submitted that the petitioner is willing to pay the entire amount due under the impugned proceedings in 24 equal monthly installments.

3. Having taken note of the same, learned counsel appearing for the first respondent objected for grant of 24 installments for payment of the amount due under the impugned proceedings.

4. Having taken into consideration the facts and circumstances of the case, this Court is of the view that it is a fit case in order to ensure that the amount due under the impugned proceedings is paid by the petitioner it would be appropriate to grant reasonable installments.

5. In the light of the above and especially taking into consideration the undertaking given by the learned counsel for the petitioner that the petitioner will positively pay the entire due in installments, this writ petition is disposed of directing the petitioner to pay an amount of Rs.3,00,000/- (Rupees three laksh only) by 27.03.2025 and thereafter, pay the remaining amount of

Rs.27,18,235/- (Rupees twenty seven lakhs eighteen thousand two hundred and thirty five only) in fifteen equal monthly installments commencing from 15.04.2025. In case, if the petitioner commits any default in payment of the installments for two consecutive months, the first respondent is at liberty to take appropriate action in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed. 21.03.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

MUMMINENI SUDHEER KUMAR, J.

krk and W.M.P.(MD) Nos.5880 & 5881 of 2025 21.03.2025