The High Court of Karnataka dismissed a writ petition as withdrawn after the petitioner submitted a memo stating that the disputed balance amount had been fully paid, rendering the petition infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 15927 OF 2023 (L-PF)
BETWEEN:
M/S. KALPA ELECTRICAL PVT. LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT P.B. NO.4413, NO.149/25, 3RD MAIN ROAD INDUSTRIAL TOWN, RAJAJINAGAR, BENGALURU - 560 010, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. KIRAN KUMAR K.S, H.R. MANAGER. …PETITIONER (BY SRI. KUMAR M.N, ADVOCATE)
AND:
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
THE REGIONAL PROVIDENT FUND COMMISSIONER-II, EMPLOYEES PROVIDENT FUND ORGANIZATION, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, REGIONAL OFFICE, PEENYA, NO.62, 3RD CROSS ROAD, INDUSTRIAL SUBURB, YESHWANTHPURA II STAGE, BENGALURU - 560 022.
…RESPONDENT
(BY SRI. M. PRADEEP, ADVOCATE)
NC: 2024:KHC:6898 WP No. 15927 of 2023
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE RESPONDENT TO CONSIDER PETITIONERS REPRESENTATIONS DATED. 26.06.2023 AND 14.07.2023 VIDE ANNX-F AND H RESPECTIVELY AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri Kumar M. N., learned counsel for the petitioner
would submit that the entire amount to the extent of Rs.1,27,34,252/- has been paid in installments and files memo to that effect along with the details of the amount.
2. The said memo reads as under:
"Petitioner most respectfully submits that the above writ petition is filed praying for issuing a writ of mandamus to the respondent to consider petitioner's representations dated 26/06/2023 and 14/07/2023 and also had prayed for ad-interim order restraining the respondent from taking coercive steps to recover balance amount of Rs.1,27,34,252/- for the period June 2020 to June, 2022, pending disposal of the above writ petition. This Hon'ble Court vide interim order dated 27/07/2023 stayed the order dated 19/05/2023 subject to petitioner depositing Rs.15,00,000/on or before 05/08/2023. Incompliance of the said interim order, petitioner deposited said amount by 30/07/2023. Further, the petitioner has deposited balance amount of
Rs.1,12,34,252/- on various dates through various TRRN. The said payment details have been communicated to the respondent vide petitioner's letters dated 04/08/2023, 11/09/2023, 10/10/2023, 21/11/2023, 12/12/2023, 17/01/2024 with TRRN details and amount. Copies of the said letters and TRRN details and the amount. The writ petition is rendered infructuous
Wherefore, the petitioner most respectfully prays that this Hon'ble Court be pleased to dismiss the above writ petition as withdrawn, in the interest of Justice."
3. In light of the submission and memo filed, the
writ petition is dismissed as withdrawn .
Sd/JUDGE
AT List No.: 1 Sl No.: 8 CT: BHK
M/S. KALPA ELECTRICAL PVT. LTD.
THE REGIONAL PROVIDENT FUND COMMISSIONER-II, EMPLOYEES PROVIDENT FUND ORGANIZATION
K.S. HEMALEKHA
As recorded by the court registry
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