This interim order in a writ petition under Article 226 granted an interim stay on recovery proceedings subject to the deposition of 50% of the disputed amount within four weeks.
Interim stay on recovery proceedings granted subject to deposit of 50% of the amount within four weeks.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.09.2011
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10249 of 2011
and
M.P.(MD)Nos.1 and 2 of 2011
M/s.S.S.Cashew Exports,
Rep. by its Authorised Signatory S.Thampu
: Petitioner
Vs.
1.The Assistant Provident Fund Commissioner, E.P.F.O.Sub Regional Office, Bhavishyanidhi Bhawan, NGO 'B' Colony, Tirunelveli-627 007.
2.The Enforcement Officer, Compliance Circle 12, E.P.F.O. Sub Regional Office, Bhavishyanidhi Bhawan, NGO 'B' Colony, Tirunelveli-627 007. : Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari, to call for the records and quash the order dated 27.07.2011 in TN/TNTY/75608/CD-1/T-16/CIRCLE-12/12023/2011 of the first respondent.
For Petitioner : Mr.A.R.M.Ramesh For Respondents : Mr.Murali Shankar
ORDER ******
Though the petitioner has challenged the order dated 27.07.2011 of the Assistant Provident Fund Commissioner, E.P.F.O. Sub Regional Office, Bhavishyanidhi Bhawan, NGO 'B' Colony, Tirunelveli, the first respondent herein, on various grounds, Mr.A.R.M.Ramesh, learned counsel for the petitioner submitted that the petitioner would pay a portion of amount and till such time, proceedings for recovery need not be initiated. He further submitted that under the statute, two months time is provided for filing an appeal. The submission of the learned https://hcservices.ecourts.gov.in/hcservices/ counsel for the petitioner is placed on record.
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condition that the petitioner deposits 50% of the amount determined, within a period of four weeks from today, failing which, the interim stay granted shall stand automatically vacated.
Sd/-
Assistant Registrar(Records)
/True Copy/
Sub-Assistant Registrar
To
2.The Enforcement Officer, Compliance Circle 12, E.P.F.O. Sub Regional Office, Bhavishyanidhi Bhawan, NGO 'B' Colony, Tirunelveli-627 007
+One cC to Mr.A.R.M.Ramesh, Advocate, SR.No.30984
SML
rl/4 c- 20.9.2011
Order made in W.P.(MD).No.10249 of 2011 and MP(MD)Nos.1 and 2 of 2011
Dated:- 09.09.2011
1 provisions across 1 enactments
M/s. S.S. Cashex Exports Rep. by S. Thampu
The Assistant Provident Fund Commissioner
The Enforcement Officer
S. Manikumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
