This writ petition is closed by the High Court of Kerala. The court granted liberty to the petitioner to raise contentions in future proceedings without prejudice to current submissions.
The writ petition is closed, granting liberty to the petitioner to raise contentions as and when necessary.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 14TH DAY OF JULY 2016/23RD ASHADHA, 1938
WP(C).No. 16435 of 2005 (F)
PETITIONER(S):
VALLUVANAD HOSPITAL COMPLEX LIMITED, 7/702, SHORNUR-PALAKKAD ROAD, KANNIAMPURAM, OTTAPALAM-679 104, PALAKKAD DISTRICT, REPRESENTED BY ITS CHAIRMAN.
BY ADVS.SRI.P.RAMAKRISHNAN SMT.PREETHI KESAVAN SRI.T.C.KRISHNA SRI.C.ANIL KUMAR SRI.PRATAP ABRAHAM VARGHESE SMT.ASHA K.SHENOY
RESPONDENT(S):
1. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, 60, SKYLARK BUILDING, 7TH FLOOR, NEHRU PLACE, NEW DELHI-110 049.
2. THE REGIONAL PROVIDENT FUND COMMISSIONER, BHAVISHYANIDHI BHAVAN, P.B.NO.1806, ERANHIPALAM, KOZHIKODE.
R BY SRI.THOMAS MATHEW NELLIVELIL S C PROVIDENT FUND
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DG
WP(C).No. 16435 of 2005 (F)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF THE APPEAL NO.394(7) OF 2005 DATED 8.4.2005 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P2: COPY OF THE ORDER IN ATA NO.394(7)/2005 DATED 27.4.2005 PASSED BY THE 1ST RESPONDENT.
PETITIONER'S ANNEXURE:
ANNEXURE - 1: COPY OF LETTER DATED 21.02.2007 FROM THE 2ND RESPONDENT TO THE PETITIONER.
ANNEXURE - 2: COPY OF ORDER DATED 24.4.2007 ISSUED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER.
ANNEXURE - 3: COPY OF ORDER DATED 30.07.2012 ISSUED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER.
ANNEXURE - 4: COPY OF ORDER DATED 16.11.2012 ISSUED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER.
ANNEXURE - 5: COPY OF THE JUDGMENT DATED 24.6.2014 IN W.A.NO.1642/2013.
ANNEXURE - 6: COPY OF ORDER DATED 2.12.2015 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE - 7: COPY OF ORDER DATED 16.12.2015 IN ATA NO.1445(7) OF 2015.
RESPONDENT'S EXHIBITS - NIL
/TRUE COPY/
P.A.TO JUDGE
P.V.ASHA, J.
W.P.(C).No.16435 of 2005
Dated this the 14th day of July, 2016
J U D G M E N T
Heard the learned counsel appearing for both the sides. In the affidavit accompanying I.A.No.10890 of 2016, it is stated that subsequent to filing of this writ petition, there was a change in the management in February, 2007 and the amount which is in dispute in this writ petition, according to the petitioner, has already been remitted as can be seen from Annexure A1 and A2 orders passed by the Asst. Provident Fund Commissioner. Petitioner submits that subsequent to that certain other assessment orders have been issued by the 2nd respondent as per Annexure A6, against which petitioner has already filed an appeal before the Employees Provident Fund Appellate Tribunal with number ATA 1445(7) 2015 and the Tribunal has passed an interim order Annexure A7.
In the above circumstances, the writ petition is closed granting liberty to the petitioner to raise the contentions herein as and when necessary.
DG
/TRUE COPY/ P.A.TO JUDGE
Valluvanad Hospital Complex Limited
Employees Provident Fund Appellate Tribunal
Regional Provident Fund Commissioner
P.V.Asha
As recorded by the court registry
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