Disposed

Subramaniya Siva Cooperative v. The Assistant Provident Fund

Madras HC19 Jan 2022WP/26598/2016

Case brief

AI extract

What is this about?

The High Court granted the petitioner liberal time to pay a significant interest sum over six months, considering the pandemic crisis, and closed the filed writ petitions without delving into the merits of the levy.

What did the court decide?

The petitioner was directed to pay the interest amount in six installments, commencing with Rs. 1,36,390/- and followed by five monthly installments of Rs. 1,00,000/-; the writ petition was closed.

Subramaniya Siva Cooperative Vs The Assistant… — Pension and Retirement Benefits | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 19.01.2022

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CORAM

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THE HONOURABLE MR.JUSTICE M.S.RAMESH

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W.P.No.26598 of 2016 and W.M.P.Nos.27587 & 22788 of 2016

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Subramaniya Siva Co-Operative Sugar Mills Ltd., Gopalapuram, Alapuram (PO), Pappiripatti, Dharmapuri-636 904. … Petitioner

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Vs.

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The Assistant Provident Fund Commissioner, S.J.Plaza, Salem – 636 004. … Respondent

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PRAYER: This Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus, calling for records in Ref.No.CB/SLM/SRO/PDC/34664/K2/7Q-Proceedings/2016, dated 12.07.2016 passed by the respondent and quash the same and consequently directing the respondent to accept the remaining outstanding determined amount in the above impugned order in 24 equal instalments.

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For Petitioner : Mr.V.Gopalakrishnan

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For Respondent : Ms.R.Meenakshi

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The petitioner is aggrieved against the order passed under Section 7Q with regard to the levy of interest of sum of Rs.6,36,390/-.

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2.The learned counsel for the petitioner would submit that without going to the merits of the case, they may be granted some liberal time to pay the interest amount in installments.

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https://hcservices.ecourts.gov.in/hcservices/

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3.By taking into account of the pandemic situation prevailing for the past around two years, permitting the petitioner to pay the interest amount in six installments would be reasonable. Accordingly, the sum of Rs.6,36,390/- shall be paid by the petitioner to the respondent organization in six installments commencing with a sum of Rs.1,36,390/- as the first installment and Rs.1,00,000/- per month for the subsequent five installments. The first instalment shall be paid on or before 10.02.2022 and the remaining five instalments shall be paid on or before tenth of every consecutive month.

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4.With the above direction, this Writ Petition stands closed. No costs. Consequently, connected Miscellaneous Petitions are closed.

SD/-

ASSISTANT REGISTRAR

// TRUE COPY //

SUB ASSISTANT REGISTRAR

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Dua

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The Assistant Provident Fund Commissioner, S.J.Plaza, Salem – 636 004.

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+1cc to Mr.R.Manoharan, Advocate Sr.3264 +1cc to Mrs.R.Meenakshi, Advocate Sr.3315

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W.P.No.26598 of 2016 and W.M.P.Nos.27587 & 22788 of 2016

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pa[co] srg 31/01/2022

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https://hcservices.ecourts.gov.in/hcservices/

Subramaniya Siva Cooperative v. The Assistant Provident Fund

Case brief

What is this about?

What did the court decide?

Subramaniya Siva Cooperative v. The Assistant Provident Fund

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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