Allowed

M/S. Kinship Services India Pvt. Ltd. v. the Assistant Pf Commissioner , Recovery Officer

Kerala HC4 Apr 2014WP(C)/2737/2014

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition challenging a warrant of attachment of movable properties issued during the pendency of an appeal before the EPF Appellate Tribunal. The court set aside the warrant following the Tribunal's remand order for fresh assessment.

What did the court decide?

The warrant of attachment of movable property was set aside.

M/S. Kinship Services India Pvt. Ltd. Vs the… — Pension and Retirement Benefits | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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FRIDAY, THE 4TH DAY OF APRIL 2014/14TH CHAITHRA, 1936

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WP(C).No. 2737 of 2014 (N)

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PETITIONER(S)/PETITIONER:

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M/S. KINSHIP SERVICES INDIA PVT. LTD. KINSHIP HOUSE, PLOT NO 1 & 6 CAT IV, COCHIN-682003 REP BY ITS MANAGING DIRECTOR

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BY ADVS.SRI.PAULSON C.VARGHESE SRI.T.S.ABDUL KHADER

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RESPONDENT(S)/RESPONDENTS:

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THE ASSISTANT P.F COMMISSIONER , RECOVERY OFFICER EMPOLOYEES' PROVIDENT FUND ORGANIZATION, 36/575 A BHAVISHYANIDHI BHAVAN, P B NO 1895, KALOOR KOCHI-682017

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EMPOLOYEES PROVIDENT FUND APPELLATE AUTHORITY, EPF APPELLATE TRIBUNAL,

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4TH FLOOR, CORE 2, SCOPE MINAR LAXMI NAGAR, NEW DELHI-110092

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BY ADV. DR.S.GOPAKUMARAN NAIR (SR.) BY ADV. SRI.A.RAJASIMHAN,SC,EPF ORGANISATION

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-04-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2737 of 2014 (N)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1:-TRUE COPY OF THE APPEAL MEMORANDUM DTD 13/12/2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

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P2:-TRUE COPY OF THE NOTICE DTD 15/10/2013 ISSUED BY THE 2ND RESPONDENT ITIMATING THE DATE OF HEARING

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P3:-TRUE COPY OF THE WARRANT OF ATTACHMENT OF MOVABLE PROPERTY DTD NIL ISSUED BY THE IST RESPONDENT

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P4:-TRUE COPY OF THE OBJECTION DTD 212/1/2014 SUBMITTED BY THE PETITIONER

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P5- TRUE COPY OF ORDER PASSED BY R2 APPELLATE AUTHORITY DATED 11.3.2014.

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//True Copy//

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P.A. To Judge

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K.VINOD CHANDRAN, J

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- - - - W.P.(C).No. 2737 of 2014

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- - - - Dated 4^th April, 2014

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JUDGMENT

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The petitioner was served with the assessment order dated 13.10.2011 assessing contribution under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short 'EPF Act'). The petitioner has challenged the same in appeal before the Employees Provident Fund Appellate Tribunal, New Delhi, as evidenced by Ext.P1. The appeal was numbered as ATA.291(07) 2012. The petitioner in the above writ petition was aggrieved by the warrant of attachment of movable property made as per Ext.P3 with reference to the period for which the appeal was filed. Subsequently, the Appellate Tribunal has set aside the order of assessment and remanded the issue for fresh consideration as per Ext.P5. In such circumstances, necessarily Ext.P3 cannot be

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WP(C).2737/14

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continued. Hence the same is set aside.

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The writ petition is allowed subject, however, to the remand order made by the

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Tribunal in Ext.P5 order. No costs.

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Sd/-

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K.VINOD CHANDRAN, Judge

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Mrcs

M/S. Kinship Services India Pvt. Ltd. v. the Assistant Pf Commissioner , Recovery Officer

Case brief

What is this about?

What did the court decide?

M/S. Kinship Services India Pvt. Ltd. v. the Assistant Pf Commissioner , Recovery Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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