The Madurai Bench set aside a proclamation of sale for a school's property arranging for payments of EPF dues, suspending the auction while the petitioner undertook to clear arrears in installments by April 2018.
Impugned auction sale notice dated 15.10.2017 set aside on undertaking of payment of dues in installments until 01.04.2018.
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.10.2017
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
and W.M.P.(MD)No.15397 and 15398 of 2017
Zion Good Shepherd's Matric Hr. Sec. School, Rep. by its Correspondent, S.Damayanthi David, Zion Nagar, APK Main Road, Madurai- 625 012. ... Petitioner
-Vs-
Employees' Provident Fund Organization,
Regional Office, No.1, Lady Doak College Road, Chokkikulam, Madurai-625 002.
Employees' Provident Fund Organization,
Regional Office, No.1, Lady Doak College Road, Chokkikulam, Madurai-625 002. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the second respondent in reference No.MD/MDU/RO/RECY/29435/2017, dated 15.09.2017 for selling the school furniture and computers and to first respondent consider the representation of petitioner dated 04.10.2017.
For Petitioner : Mr.M.N.Ramkumar For R1 : Mr.N.Sivakumar
O R D E R
This Writ Petition has been filed challenging the order dated 15.10.2017 passed by the second respondent / recovery officer, Employees Provident Fund Organization, by which a proclamation of sale has been made for attaching the property of the petitioner https://hcservices.ecourts.gov.in/hcservices/ school for payment of Provident Fund dues.
2
| S.No | Date | Amount dues to be remitted |
|---|---|---|
| 1 | 01.11.17 | Rs.50,000/- |
| 2 | 01.12.17 | Rs.50,000/- |
| 3 | 01.01.18 | Rs.50,000/- |
| 4 | 01.02.18 | Rs.50,000/- |
| 5 | 01.03.18 | Rs.50,000/- |
| 6 | 01.04.18 | Rs.2,07,813/- |
3.It is further represented by the learned counsel for the petitioner states that if there is further amount payable, the same shall also be paid by the petitioner on or before 01.04.2018.
Sd/-
Assistant Registrar(AE)
/True Copy/
Sub Assistant Registrar
3
To
+1cc to Mr.N.Sivakumar, Advocate Sr.No.82870
TA
VB/MR/KKR/SAR4/09/11/2017/3P/4C
W.P.(MD) No.19048 of 2017
13.10.2017
2 issues framed by the court
Whether the petitioner school should be granted time to clear Provident Fund dues to avert auction sale of its property.
Whether the Court can suspend the proclamation of sale on undertaking of payment of dues.
1 provisions across 1 enactments
Zion Good Shepherd's Matric Hr. Sec. School, Rep. by S.Damayanthi David
The Assistant Provident Fund Commissioner, Employees' Provident Fund Organization
The Recovery Officer, Employees' Provident Fund Organization
P.D. AUDIKESAVALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
