Dismissed¶32

Top Guard International v. Assistant Provident Fund

Madras HC7 Mar 2025WP/7481/2020

Case brief

AI extract

What is this about?

Dismissal for non-prosecution; no appearance by petitioner despite notice served on 03.03.2025; Article 226 writ of certiorarified mandamus against EPFO orders dated 17.12.2019 and 17.03.2020; refund sought of Rs.7,70,000/- seized from Karur Vysya Bank account No.1289135000006747; Section 7B Employees Provident Fund and Miscellaneous Provisions Act 1952 application with Form 9 pending; connected stay petition W.M.P. No.9246 of 2020 closed; no costs; Madras High Court; Dr. Justice A.D. Maria Clete.

What did the court decide?

The writ petition is dismissed for non-prosecution, there being no representation for the petitioner despite service of notice. ¶32

Top Guard International Vs Assistant Provident Fund — Writ and Judicial Review | Madras HC (2025)

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W.P. No. 7481 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.03.2025

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CORAM:

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THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE

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W.P. No.7481 of 2020

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and

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W.M.P. No.9246 of 2020

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Top Guard International Security Force Pvt.Ltd., Represented by its Authorised Signatory S.Vincent Gnanakumar, Zonal Manager, Kothari Buildings, 2^nd floor, 114, Mahatma Gandhi Salai, Nungambakkam, Chennai – 600034.

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... Petitioner

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Versus

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1.Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, 14/37, Royapettah High Road, Chennai – 600 014.

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2.Regional Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, 17, Royapettah High Road, Chennai – 600 004.

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3.The Branch Manager, Karur Vysya Bank, Nungambakkam Branch, Chennai – 600 034. ... Respondents

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https://www.mhc.tn.gov.in/judis

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W.P. No. 7481 of 2020

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PRAYER :

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To invoke Art. 226 of the Constitution of India and issue of Writ of Certiorarified Mandamus to call for the entire records of the 2^nd respondent in his proceedings CHN1/22/TN/TNMAS1428344000/Comp/8F/Regl/2019 dated 17.03.2020 and the order dated 17.12.2019 of the 2^nd respondent issued in his proceedings No.CHN-1/TN/1428344/DIV 22/Enl/2019 and quash the same, consequently direct the respondents statutory authorities to refund the amount of Rs.7,70,000/- seized from petitioner bank account No.1289135000006747, Karur Vysya Bank, Nungambakkam branch, Chennai – 34, to the petitioner and to conduct a fair enquiry on the application submitted under Section 7B of the Employees Provident Fund and Miscellaneous Provisions Act 1952 and the scheme framed thereunder along with Form 9 at the earliest and dispose of the same within a stipulated period as fixed and passed by the Court and pass such order favourable orders as deem fit and necessary in the circumstances of the above case.

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PRAYER IN W.M.P.No.9246 of 2020:

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To stay all further proceedings of the 1^st respondent dated

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https://www.mhc.tn.gov.in/judis

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W.P. No. 7481 of 2020

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17.03.2020 issued to the bank, in proceedings CHN1/22/TN/TNMAS1428344000/Comp/8F/Regl/2019 without prior notice and the order passed by the 2^nd respondent issued in his proceedings No.CHN-1/TN/1428344/DIV/Enl/2019 dated 17.12.2020 pending the above Writ petition.

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APPEARANCE OF PARTIES:

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For Petitioner :No appearance.

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For Respondents :Mr. K. Venkateswaran, Standing Counsel.

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J U D G M E N T

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When the matter came up for hearing, there is no representation for

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the petitioner and the learned Standing Counsel for the respondents is present. It is seen from the records that notice has been served to the petitioner on 03.03.2025 and name has been printed in the cause list. However, none appeared for the petitioner.

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2.Hence, this Writ petition is dismissed for non-prosecution.

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However there shall be no order as to costs. Consequently the connected

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Miscellaneous Petition is closed.

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07.03.2025

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https://www.mhc.tn.gov.in/judis

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