THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL MISCELLANEOUS APPEAL No. 208 of 2021
JUDGMENT:
Heard learned counsel for appellants.
It is to be noted that initially, C-11 notice dated 21.10.2011 was issued to respondent by the appellant Corporation demanding contributions for the period from 01.05.2019 to 30.09.2011 by taking into account the number of coverable employees as 25 and later, notice under C-18 dated 10.11.2011 was issued taking the number of coverable employees as 32 for 12 months and 50 for 17 months without there being any basis. It is to be noted further that except asserting that the respondent had failed to avail the opportunity of producing the records, in the written statement, the appellant Corporation did not advert to such specific plea. There is no denial with respect to Ex.P.6, which is the statement of salaries paid to the employees from 05/09 to 09/11 and there is no challenge to the same. Even assuming for arguments sake that the respondent did not produce any material to substantiate that there were 32 employees, Ex.P.6 cannot be ignored and unless the same is disproved by the appellants by placing relevant material, there is no reason for this Court to further enquire into the same.
CKR, J 2 C.M.A.No.208 of 2021 In those circumstances, this Court does not find any reason to interfere with the order under appeal.
Accordingly, this Civil Miscellaneous Appeal is dismissed. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
_________________________ CHALLA KODANDA RAM, J 28th APRIL, 2021.
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