Roy Abraham vs Recovery Officer
2021 Latest Caselaw 11143 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                        WP(C).No.2417 OF 2021(B)


PETITIONERS:

      1         ROY ABRAHAM
                AGED 57 YEARS
                S/O N I ABRAHAM, CONVENER OF ADMINISTRATIVE COMMITTEE
                OF RAJIV GANDHI CO-OPERATIVE HOSPITAL,
                KOOTHATTUKULAM, RESIDIGN AT CHATHANTHADATHIL HOUSE,
                EDAYAR P O, KOOTHATTUKULAM-686662.

      2         RAMAKRISHNAN P K
                AGED 70 YEARS
                S/O LATE KUNJUKUNJU, PUTHANPURAYIL HOUSE, KIZHAKOMBU
                P O, KOOTHATTUKULAM -686662.

      3         SUNNY ABRAHAM
                AGED 61 YEARS
                S/O LATE ABRAHAM,
                VADAKKEL HOUSE,
                OLIYAPURAM P O, KOOTHATTUKULAM -686662.

                BY ADVS.
                SRI.JAMES ABRAHAM (VILAYAKATTU)
                SRI.P.BALAN (VYTTILA)

RESPONDENT/S:

                RECOVERY OFFICER
                EMPLOYEES PROVIDENT FUND ORGANISATION,
                REGIONAL OFFICE ,36/685 A, BHAVISHYANIDHI BHAVAN,
                P B NO. 1895, KALOOR KOCHI-682017.

                R1 BY ADV. SRI.S.PRASANTH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2417 OF 2021(B)

                                       2

                                 JUDGMENT

Dated this the 7th day of April 2021

Heard both sides.

2. Undisputedly, the establishment of the petitioners is in

arrears of dues payable to the Employees Provident Fund

Organization. For realisation of those dues, garnishee order has been

issued. It is seen that, account of the petitioners who are employers,

being members of the adhoc Committee came to be freezed.

3. The learned counsel for the petitioners submits that the

petitioners are not challenging or disputing the dues payable by Rajiv

Gandhi Co-operative Hospital which is managed by them as Adhoc

Committee to the Employees Provident Fund Organization. The learned

counsel for the petitioners on instructions submits that the petitioners

are willing to clear the entire dues as found in order at Ext.P4 in seven

equated successive monthly instalments and on such condition, the

Bank account be directed to be defreezed. The learned counsel

appearing for the respondent has no objection to this course of action.

4. In this view of the matter, the petition is disposed of with

the following direction.

The petitioners to clear the entire dues payable to the Employees

Provident Fund Organization in respect of the liability of the Rajiv WP(C).No.2417 OF 2021(B)

Gandhi Co-operative Hospital in seven equated successive monthly

instalments commencing from 16/04/2021. On payment of the first

instalment, the joint saving account opened by the petitioners for

managing the Rajiv Gandhi Co-operative Hospital be defreezed.

Needless to mention that a default in payment of a single instalment

shall entail the respondent to freeze the subject Bank account and to

resort to other provisions for recovery of dues of provident fund

payable by the petitioners.

Sd/-

                                           A.M.BADAR
Nsd                                           JUDGE
//true copy//

PA to Judge
 WP(C).No.2417 OF 2021(B)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE ORDER DATED 10.03.2020 IN
                     WPC NO. 2633/2020.

EXHIBIT P2           TRUE COPY OF THE ORDER NO. H M.
                     2369/19/K.DIS DATED 26/06/2020.

EXHIBIT P3           TRUE COPIES OF THE WARRANT OF ATTACHMENT OF

MOVABLE PROPERTY DATED 10.05.2018 ISSUED BY THE RESPONDENT.

EXHIBIT P4           TRUE COPY OF THE LETTER NO
                     KR/KCH/10962/RECOVERY/2020 DATED
                     18/01/2021.