Allowed

Champakara Road Lines v. Assistant Provident Fund Commissiner

Kerala HC19 Nov 2020WP(C)/25430/2020

Case brief

AI extract

What is this about?

This High Court of Kerala disposed of a writ petition by permitting the petitioner transport company to settle outstanding provident fund dues via 10 monthly instalments, staying recovery proceedings during compliance, and resuming coercive steps upon default.

What did the court decide?

Permission granted to pay dues in 10 monthly instalments; recovery proceedings stayed pending full payment.

Champakara Road Lines Vs Assistant Provident Fund… — Banking and Recovery | Kerala HC (2020)

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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 ANIL K.NARENDRAN

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THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

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WP(C).No.25430 OF 2020(C)

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PETITIONER:

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M/S.CHAMPAKARA ROAD LINES CHAMPAKARA, KARUKACHAL P.O.KOTTAYAM, REPRESENTED BY ITS PARTNER P.UNNIKRISHNAN NAIR,

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CHAMPAKARA, KARUKACHAL P.O., KOTTAYAM

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BY ADV. SRI.K.V.GOPINATHAN NAIR

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RESPONDENTS:

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1 ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION, POST OFFICE ROAD, THIRUNAKKARA, KOTTAYAM, PIN-686 001.

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2 RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, POST OFFICE ROAD, THIRUNAKKARA, KOTTAYAM , PIN-686 001.

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R BY SRI JOY THATTIL- STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.25430 OF 2020(C)

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JUDGMENT

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The petitioner, which is a motor transport concern conducting stage carriage operations and which is covered by the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 with Code No.KRKTM001057200A allotted by the 1^st respondent Assistant Provident Fund Commissioner, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to permit the petitioner to remit the outstanding amount, as directed in Ext.P1, by way of 24 equal monthly instalments. The document marked as Ext.P1 is the demand notice dated 22.09.2020 issued by the 2^nd respondent, by which the petitioner is required to remit a sum of Rs.2,55,959/-.

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Heard the learned counsel for the petitioner and also the learned Standing Counsel for the Employees Provident Fund Organisation.

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During the course of arguments, the learned

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WP(C).No.25430 OF 2020(C)

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Standing Counsel for the respondents would submit that the respondents have no objection in this Court granting a reasonable opportunity to the petitioner to pay off the entire dues in monthly instalments.

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Having considered the facts and circumstances of the case and also the submissions made by the learned counsel on both sides, this Court deem it appropriate to dispose of this writ petition with the following directions;

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i) The petitioner shall pay off the entire dues demanded in Ext.P1 notice, amounting to Rs.2,55,959/-, in 10 equal monthly instalments commencing from 01.12.2020 , and the subsequent instalments payable on or before the 1^st day of the succeeding months.

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ii) If the petitioner is remitting the aforesaid instalments in time, without any default, all recovery proceedings pursuant to Ext.P1 demand notice shall be kept in abeyance, so as

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WP(C).No.25430 OF 2020(C)

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to enable the petitioner to pay off the entire dues as above.

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iii) In case of any default committed by the petitioner in remitting any one of the aforesaid instalments, the respondents shall proceed with the coercive steps initiated against the petitioner, in accordance with law.

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Sd/-

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ANIL K.NARENDRAN, JUDGE

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AV/20/11

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WP(C).No.25430 OF 2020(C)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE PETITIONER DATED 12.10.2020

Champakara Road Lines v. Assistant Provident Fund Commissiner

Case brief

What is this about?

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Champakara Road Lines v. Assistant Provident Fund Commissiner

Case brief

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