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High Court of KeralaWP(C)/11718/2015disposed of

Kerala State Rubber Co-Operative Limited v. Employees Provident Fund Organisation

2015-04-08Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(C).No.11718 of 2015 (L) --------------------------------------- PETITIONER:

------------------ KERALA STATE RUBBER CO-OPERATIVE LIMITED (RUBCO),REPRESENTED BY ITS MANAGING DIRECTOR, RUBCO HOUSE,KANNUR.

BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENTS:

----------------------- 1.

EMPLOYEES PROVIDENT FUND ORGANISATION, SUB-REGIONAL OFFICE,V.K.COMPLEX, FORT ROAD,KANNUR-670001.

2.

RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB-REGIONAL OFFICE,V.K.COMPLEX, FORT ROAD,KANNUR-670001.

3.

ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB-REGIONAL OFFICE,V.K COMPLEX, FORT ROAD,KANNUR-670001.

R1 TO R3 BY DR.ABRAHAM P.MEACHINKARA, SC, EPF ORG. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

W.P(C) NO.11718/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:TRUE COPY OF THE CHALLAN SHOWING PAYMENT OF THE AMOUNTS BY THE PETITIONER TO THE 1ST RESPONDENT.

EXT.P2:TRUE COPY OF THE WARRANT OF ATTACHMENT OF MOVABLE PROPERTY DATED 25.3.2015.

EXT.P3:TRUE COPY OF THE MAHAZAR DATED 25.3.2015 DRAWN UP BY THE 3RD RESPONDENT.

EXT.P4:TRUE COPY OF THE NOTICE OF PROCLAMATION OF SALE DATED 25.03.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

RESPONDENT'S EXHIBITS:

NIL //TRUE COPY// P.S. TO JUDGE pk

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No.11718 of 2015 L - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 08th day of April, 2015

J U D G M E N T

The petitioner is aggrieved by the proceedings taken against the petitioner's property for settlement of dues in respect of Certificate No.KR/KNR/18390/Enf.I(1)Sp.RRC/2014-15.

2. Considering the confined prayer made for instalments, it is directed that no sale shall be proceeded on condition of the petitioner settling the entire dues in twelve equal monthly instalments. The 1st instalment shall be paid on or before 08.05.2015 and thereafter; the due date of instalments falling on the 08th of each succeeding month. If default is committed in two consecutive instalments, then the recovery proceedings shall revive and continue. The writ petition stands disposed of as above. No costs. Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge