Madras High CourtWP(MD)/16357/2013closed

The Recovery Officer, v. The Presiding Officer,

2017-04-03Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN Writ Petition (MD) No.16357 of 2013 and M.P(MD)No.1 of 2014 The Recovery Officer, Employees Provident Fund Organization, Regional Office, No.1, Lady Doak College Road, Madurai 625 002 ... Petitioner Vs.

1.The Presiding Officer, Debts Recovery Tribunal, Madurai.

2.M/s.Sheela Rani Textiles Ltd., Rep by its Managing Director, R.John Sundarapandian, Thennur, Samayanallur Post, Madurai 625 402.

3.Industrial Development Bank of India Ltd., Rep by its Authorised Officer, Coimbatore Main Branch, Stock Exchange Building, 683 686, Trichy Road, Singanallur, Coimbature 641 005.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiroarified Mandamus, calling for the records relating to the order dated 30/03/2012 made in S.A.No. 140 of 2007 on the file of the 1st respondent and quash the same and consequently permit the petitioner to proceed against the assets of the 2nd respondent for realization of its PF dues. For Petitioner : No appearance For Respondents : No appearance https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by T.S.SIVAGNANAM,J) This writ petition has been filed by the Employees Provident Fund Organization, questioning the order passed by the Debts Recovery Tribunal, Madurai dated 30.03.2012. The said order is a common order in S.A.No.140 of 2007 as well as several interlocutory applications one of which was filed by the petitioner organization in I.A.No.764 of 2008 wherein the petitioner organization sought for impleading themselves as one of the respondents before the Debts Recovery Tribunal. The Debts Recovery Tribunal, after considering the main matter, namely S.A.No.140 of 2007 has passed the impugned order. Consequently, the impleading petition filed by the petitioner organization and the petitions filed by other persons were dismissed. 2.This writ petition was posted for admission before this Court on 03.

10.2013. On which date, notice was ordered to the respondents returnable in four weeks. Thereafter, the matter was listed twice. However, no orders were passed and the matter was merely adjourned. Furthermore, there is no appearance on behalf of the petitioner. We also earnestly feel that the petitioner is not interested in prosecuting the matter. Hence, the writ petition is closed. No costs. Consequently, M.P(MD)No.1 of 2014 is closed. Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To The Presiding Officer, Debts Recovery Tribunal, Madurai.

Sms AE/KP/SAR3/17.04.2017/2P/2C Writ Petition (MD) No.16357 of 2013 and M.P(MD)No.1 of 2014 03.04.2017 https://hcservices.ecourts.gov.in/hcservices/