Allowed

M/S Scotts Garments Ltd. v. Employees Provident Fund Organization

Karnataka HC8 Jul 2024WP/49417/2015

Case brief

AI extract

What is this about?

This is a writ petition seeking certiorari to quash an order of the respondent. After noting the company's liquidation and the Official Liquidator's admission of the claim, the High Court quashed the impugned order. The writ petition was allowed and the order of Certiorari was granted.

What did the court decide?

The order dated 19.10.2015 passed by the respondent is quashed insofar as the petitioner is concerned. The Writ Petition is allowed.

M/S Scotts Garments Ltd. Vs Employees Provident Fund… — Company and Corporate | Karnataka HC (2024)

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NC: 2024:KHC:25789 WP No. 49417 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 49417 OF 2015 (L-PF)

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BETWEEN:

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M/S. SCOTTS GARMENTS LTD., 481-B, IV PHASE, PEENYA INDUSTRIAL AREA, BENGALURU-560 058. REPRESENTED BY ITS DIRECTOR. MR. AWAIZ AHMED.

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…PETITIONER

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(BY SRI. K.R.ANAND., ADVOCATE)

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AND:

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Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka

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EMPLOYEES' PROVIDENT FUND ORGANIZATION, (MINITRY OF LABOUR, GOVERNMENT OF INDIA), REGIONAL OFFICE: NO.62, INDUSTRIAL SUBURB, YESHWANTHPUR, II STAGE, BENGALURU-560 022. REPRESENTED BY ITS R.P.F. COMMISSIONER-I …RESPONDENT

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(BY SRI. SARAVANA.P., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2024:KHC:25789 WP No. 49417 of 2015

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ORDER

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Sri.K.R.Anand., learned counsel for the petitioner has appeared through video conferencing.

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Sri.Saravana.P., learned counsel for the respondent has appeared in person.

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The caption Writ Petition is filed seeking a Writ of Certiorari to quash the order dated:19.10.2015 passed by the respondent in No.KN/PNY/PF/PD/23114/2915/2015-16 vide Annexure-C on several grounds as setout in the Memorandum of Writ Petition.

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Learned counsel for the respective parties have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the Writ papers with utmost care.

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Counsel Sri.K.R.Anand., submits that a memo has been filed furnishing the documents. Counsel therefore, submits that the same may be placed on record and appropriate order may be passed.

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Submission is noted. Memo is placed on record.

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3 - NC: 2024:KHC:25789 WP No. 49417 of 2015

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5. Learned counsel jointly submits that the petitioner

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company has gone under Liquidation. Counsel Sri.Saravana.P., on instructions submits that the Official Liquidator has admitted the claim amount as sought in Annexure-C. Counsel therefore, submits that appropriate order may be passed.

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The oral submission made by learned counsel for the respondent about the admission of the claim amount by the Official Liquidator is placed on record.

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In view of voluntary liquidation of the company and the admission about the claim by the Official Liquidator, the order passed by the respondent as against the petitioner is liable to be quashed and accordingly it is quashed.

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The Writ of Certiorari is ordered. The order dated:19.10.2015 passed by the respondent in No.KN/PNY/PF/PD/23114/2915/2015-16 vide Annexure-C is quashed insofar as petitioner is concerned.

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7. Resultantly, the Writ Petition is allowed .

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Sd/JUDGE

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MRP

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List No.: 1 Sl No.: 39

M/S Scotts Garments Ltd. v. Employees Provident Fund Organization

Case brief

What is this about?

What did the court decide?

M/S Scotts Garments Ltd. v. Employees Provident Fund Organization

Case brief

What is this about?

What did the court decide?

What the court decided

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