The Professional Courier v. The Recovery Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.9505 of 2024 and W.M.P(MD)Nos.8619, 8620 & 8621 of 2024 The Professional Courier, Represented by its Managing Partner, H.S. Ashraf Ali, Old No.4, New No.7, Kumbeshwaran North, ... Petitioner Vs.
1.The Recovery Officer, No.588, Sri Complex, D Block, No.18, Madurai Road, Trichy - 620 008.
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2.Enforcement Officer, Kumbakonam-II Division, 3.The Authorized Officer, Assistant Provident Fund Commissioner, Trichy.
...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 of the first respondent herein in Ref.No.RRC No.CB/TRY/PDC/C-34/44660/2024 dated 04.04.2024 in respect of the period from April 2022 to March 2023 being the damages and interest petitioner herein and set aside the same. For Petitioner : Mr.H.Mohamed Rafi For Respondents : No appearance 2/6
ORDER
The present writ petition has been filed seeking a Writ of Certiorari to call for the records of the first respondent herein in Ref.No.RRC No.CB/TRY/PDC/C-34/44660/2024 dated 04.04.2024 in respect of the period from April 2022 to March 2023 being the damages and interest petitioner herein and set aside the same.
2. Heard Mr.H.Mohamed Rafi, learned counsel for the petitioner.
3. In view of the order now passed by this Court, notice to the respondents is dispensed with.
4. The learned counsel for the petitioner has submitted that appeal has been filed in time, however, it is pending for disposal due to the vacancy in the post of Presiding Officer in Tribunal.
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5. Now, it is learnt that additional charge arrangements have been made and Acting Judge from Lucknow is scheduled to sit on 22, 23 and 24th of April, 2024. In such case, the petitioner has got the possibility of getting his appeal taken up by the Acting Judge.
6. Since the merits of the matter is under consideration of the Tribunal, till such time, no coercive steps to recover be taken until disposal of the appeal.
7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
17.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 4/6
To 1.The Recovery Officer, No.588, Sri Complex, D Block, No.18, Madurai Road, Trichy - 620 008.
2.Enforcement Officer, Kumbakonam-II Division, 3.The Authorized Officer, Assistant Provident Fund Commissioner, Trichy.
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R.N.MANJULA , J.
RM Order made in W.P.(MD)No.9505 of 2024 Dated:
17.04.2024 6/6