High Court allowed petitioner to discharge entire liability under Section 7Q of the Provident Fund Act in eight equal monthly installments. Coercive steps deferred pending repayment. Default forfeits facility.
Allowed to discharge entire liability in eight equal monthly installments starting 08.04.2019; coercive steps deferred.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY ,THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940
WP(C).No. 6605 of 2019
PETITIONER:
BETHEL PLANTATIONS PVT LTD
ELAPPARA P.O., IDUKKI-685 501, REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR. BINOD J. KULAKKATIL.
BY ADVS.
SRI.V.B.HARI NARAYANAN SMT.SHAZIA BINT ASHRAF
RESPONDENTS:
1 ASSISTANT PROVIDENT FUND COMMISSIONER SUB REGIONAL OFFICE, E.P.F. ORGANIZATION, CHALAKKUZHY BUILDING, KOTTAYAM, PIN CODE-686 001.
2 BANK OF BARODA
PATHANAMTHITTA BRANCH, PATHROSE MATHAI BUILDING, P.B.NO.78, PATHANAMTHITTA, PIN-689 645. REPRESENTED BY ITS BRANCH MANAGER.
5 STATE BANK OF INDIA ELAPPARA BRANCH, P.B.NO.2, ELAPPARA, IDUKKI, PIN685501 REPRESENTED BY ITS BRANCH MANAGER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6605 of 2019
2
JUDGMENT
The petitioner approached this Court challenging a
demand issued under Section 7Q of the Provident Fund Act.
Considering the above facts and circumstances,
the petitioner is allowed to discharge the entire liability based
on impugned order in eight equal installments starting from 08.04.2019 followed by every month. If the petitioner commits
default in any one of the installments, this facility would stand forfeited. Coercive steps as against the petitioner shall be deferred in tune with the above direction.
The writ petition is disposed of as above.
SAS/08/03/2019
Sd/-
//TRUE COPY//
A.MUHAMED MUSTAQUE
P.A. TO JUDGE
JUDGE
WP(C).No. 6605 of 2019
3
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A COPY OF THE PROCEEDINGS DATED 24.4.2018 ISSUED BY THE RESPONDENT. EXHIBIT P2 A COPYOF THE PROCEEDINGS DATED 27.2.2019 ISSUED BY THE IST RESPONDENT. EXHIBIT P3 A COPY OF THE STATEMENT SHOWING PROFIT AND LOSS OF THE PETITIONER COMPANY.
2 issues framed by the court
whether the petitioner can be allowed to discharge the demand liability under Section 7Q of the Provident Fund Act in monthly installments.
whether coercive steps should be deferred while allowing installment payment facility.
1 provisions across 1 enactments
BETHEL PLANTATIONS PVT LTD
ASSISTANT PROVIDENT FUND COMMISSIONER SUB REGIONAL OFFICE, E.P.F. ORGANIZATION, CHALAKKUZHY BUILDING, KOTTAYAM
BANK OF BARODA PATHANAMTHITTA BRANCH
SOUTH INDIAN BANK PEERMADE BRANCH
THE FEDERAL BANK THIRUVALLA BRANCH
STATE BANK OF INDIA ELAPPARA BRANCH
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
