Madras High CourtWP(MD)/17247/2021disposed of

M/S Indian Foods Private Ltd., v. Employees Provident Fund Organisation

2021-09-23Honourable Mr Justice D. Krishnakumar2 pages

W.P(MD). No.17247 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.(MD) No. 17247 of 2021 and W.M.P.(MD) No.14106 of 2021 M/s Indian Foods Private Ltd., Riverside, Thiruppuvanam-630 611, Represented by its Director.

... Petitioner Vs.

Employees Provident Fund Organisation, Regional Office, Lady Doak College Road, Chokkikulam, Madurai - 625 002.

Represented by the Assistant PF Commissioner. ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent in her proceedings in MD/MDU/20108/ Enf.C/M08/E-Inspection/SCN/2021, dated 25.08.2021 and quash the same and permit the petitioner to clear the balance contributions of Rs.14,61,818/- in 20 easy monthly installments. For Petitioner :

Mr.K. Hemakarthikeyan For Respondent :

Mr.V.S.V.Venkateshvaran, Standing Counsel for State.

O R D E R

This Writ Petitioner has filed for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent in her proceedings in MD/MDU/20108/ Enf.C/M08/E-Inspection/SCN/2021, dated 25.08.2021 and quash the same and permit the petitioner to clear the balance contributions of Rs.14,61,818/- in 20 easy monthly installments.

2. According to the petitioner, the respondent has issued the impugned show cause notice dated 25.08.2021 to him to remit the amount of Rs.14,61,818/- within a period of seven days from the date of receipt of the said show cause notice. Due to their financial conditions, the petitioner requested to settle the aforesaid amount in 20 easy monthly installments, which was not granted. Hence petitioner has filed the present Writ Petition before this Court.

3. The learned counsel appearing for the respondent objected for the 20 monthly instalments and he has fairly submitted that it is fair and proper only to grant five monthly instalment to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD). No.17247 of 2021 petitioner to settle the aforesaid amount.

4. On considering the aforesaid submission of the learned counsel for the parties concerned and considering the reasons stated in the affidavit, this Court is inclined to grant to settle the amount of Rs.14,61,818/- in 10 equal monthly installments to the petitioner. If there is any default in the payment of the monthly installments by the petitioner, liberty is granted to the respondent to act in accordance with law. The amount of instalment shall be paid on or before 10th of every succeeding month and the first instalment commences from first October, 2021.

5. With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Assistant PF Commissioner, Employees Provident Fund Organisation, Regional Office, Lady Doak College Road, Chokkikulam, Madurai - 625 002.

W.P.(MD) No. 17247 of 2021 and W.M.P.(MD) No.14106 of 2021 23.09.2021 KM(CO) KB(01.10.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2