Single judge writ petition seeking extension of time to deposit provident fund arrears. Court granted one-week extension. No statutory provision cited.
Extension of time till 31st December, 2020 to deposit Rs.10,00,000/-.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction )
Tuesday, the Fifteenth day of December Two Thousand Twenty
PRESENT
The Hon`ble Mr Justice R. SURESH KUMAR
WMP No.23442 of 2020
IN WP.18194 OF 2020 AND WMP.22598 OF 2020
M/S.JAI HIND SPINNING MILLS LTD., [ PETITIONER ] PMP NAGAR, PACHAL VILLAGE, PUDCHATIRAM(PO), NAMAKKAL-637 018, REP BY ITS DIRECTOR. Vs 1 THE ASSISTANT PROVIDENT FUND [ RESPONDENTS ] COMMISSIONER, REGIONAL OFFICE, SALEM, EMPLOYEES, PROVIDENT FUND ORGANISATION, S.J.PLAZA, SWARNAPURI, SALEM-636004
2 THE ASSISTANT PROVIDENT FUND COMMISSIONER AND, RECOVERY OFFICER, REGIONAL OFFICE, STEEL PLANT ROAD, DALAVAIPATTI, SALEM 636 302.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to extend the time granted in WP.No.18194 of 2020 and WMP.No.22598 of 2020 dated 04.12.2020 to deposit the sum of Rs.10 lakhs by a further period of one week (in WMP.23442/2020 in WP.No.18194/2020)
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.ANAND GOPALAN for T.S.GOPALAN AND COMPANY, for the petitioner and of MR.THIRUNAVUKKARASU Advocate on behalf of the Respondents the court made the following order:-
The learned counsel appearing for the petitioner, by referring to the earlier order passed by this Court dated 04.12.2020, would submit that, Rs.10,00,000/- which was directed to be deposited on or before 11.12.2020 could not be paid as the petitioner company is not able to mobilise that amount within the short period. However, to show their bona fide, they will deposit the amount of Rs.10,00,000/-, as
directed by this Court by order dated 04.12.2020, within a period of two weeks at the most on or before 31st December, 2020, hence, such extension of time the learned counsel requested.
2.In this regard, the petitioner has filed W.M.P.No.23442 of 2020 to extend the time granted by this Court dated 04.12.2020.
3.Considering the difficulty expressed by the learned counsel appearing on behalf of the petitioner company, this Court is inclined to extend the period, for complying the order dated 04.12.2020, till 31st December, 2020.
4.It is made clear that, on or before the said date, if the order is not complied with, no further indulgence would be shown in favour of the petitioner on equity.
5.Accordingly, W.M.P.No.23442 of 2020 is ordered. Post the writ petition on 04.01.2021.
-sd/-
15/12/2020 / TRUE COPY /
Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104. TO
1 THE ASSISTANT PROVIDENT FUND COMMISSIONER, REGIONAL OFFICE, SALEM, EMPLOYEES, PROVIDENT FUND ORGANISATION, S.J. PLAZA, SWARNAPURI, SALEM-636004
2 THE ASSISTANT PROVIDENT FUND COMMISSIONER AND, RECOVERY OFFICER, REGIONAL OFFICE, STEEL PLANT ROAD, DALAVAIPATTI, SALEM 636 302
Order
in WMP.23442/2020 IN WP.18194 OF 2020 AND WMP.22598 OF 2020 Date :15/12/2020
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 20/12/2020
1 issue framed by the court
Whether the time for depositing the admitted provident fund arrears may be extended beyond the initial deadline.
M/s. Jai Hind Spinning Mill Ltd.
The Assistant Provident Fund Commissioner, Regional Office, Salem
The Assistant Provident Fund Commissioner and Recovery Officer, Regional Office, Dalavaipatti
R. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
