Goldview Vyapar Pvt. Ltd vs Assistant Provident Fund ...
2021 Latest Caselaw 4737 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                        WP(C).No.3223 OF 2021(C)


PETITIONER/S:

                GOLDVIEW VYAPAR PVT. LTD.,
                PEERMEDU, IDUKKI-685 531, REP BY ITS AUTHORIZED
                SIGNATORY, MR. BINOD J.KULAKKATTIL

                BY ADVS.
                SRI.V.B.HARI NARAYANAN
                SMT.RUBY P.PAULOSE
                SMT.SALIHA BEEVI P.A
                SMT.GAYATHRY.J

RESPONDENT/S:

      1         ASSISTANT PROVIDENT FUND COMMISSIONER,
                EMPLOYEES PROVIDENT FUND ORGANIZATION,
                SUB REGIONAL OFFICE, KOTTAYAM-686 001

      2         RECOVERY OFFICER,
                EMPLOYEES PROVIDENT FUND ORGANIZATION,
                SUB-REGIONAL OFFICE, KOTTAYAM-686 001




                SC-- ADV HARI NARAYAN - FOR RESPONDENTS .

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3223 OF 2021

                                            2




                                     JUDGMENT

Dated this the 9th day of February 2021

By this petition, the petitioner is seeking

instalments for clearing the outstanding dues as

per the order at Ext.P2. Ext.P2 is the statement

showing the amount due by the petitioner

establishment for several period and it is for

recovery of Rs.6.5 crores.

2. Learned Counsel for the petitioner submits

that the petitioner will pay an amount of Rs.50

lakhs to the Provident Fund Organization by the end

of March 2021. The petitioner establishment shall

repay the balance amount in 15 equated monthly

instalments commencing from April, 2021.

3. Learned Counsel for the respondents submit

that, huge arrears are there and to show the

bonafides, the petitioner establishment should

deposit substantial amount and the rest of the

amount can be paid in instalments.

4. Considering the submissions so advanced and WP(C).No.3223 OF 2021

keeping in mind the facts of the instance case as

well as the willingness on the part of the

petitioner establishment to repay the entire dues,

the petition is disposed of with the following

directions:

i) The petitioner to pay an amount of Rs.50 lakhs towards the dues payable to the Provident Fund Organization by 31.03.2021, and to pay the balance amount in 15 equated successive monthly instalments commencing from 09.04.2021.

          ii)       If        the     petitioner           continues             to
          comply          with            these         directions,             the
          respondents                shall          not          take           any
          coercive            action        for     recovery             of     the
          dues            to          the           Provident                  Fund
          Organization.


          iii)      Needless         to     mention       that       a    single
          default         on    the       part     of     the     petitioner
          shall          entitle            the         respondents              to
          continue            with     the        steps     for        recovery
          of the outstanding amount.


          iv)      No     further          extension        of       time       for

compliance of these directions shall WP(C).No.3223 OF 2021

be granted to the petitioner.

The Writ Petition is disposed of accordingly.

Sd/-

A.M.BADAR

JUDGE

uu

9.2.2021 WP(C).No.3223 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A COPY OF THE CERTIFICATE ISSUED BY THE CHARTERED ACCOUNTANT SHOWING THE ESTIMATION OF LOSS SUFFERED BY THE PETITIONER EVERY YEAR

EXHIBIT P2 A COPY OF THE STATEMENT DATED 13.3.20 SHOWING THE DUES OUTSTANDING IN RESPECT OF THE 5 DIVISIONS OWNED BY THE PETITIONER FOR THE PERIOD FROM 2010 TO 2019

EXHIBIT P3 A COPY OF THE TABULATION SHOWING THE AMOUNT PAYABLE BY EACH DIVISION AND THE TOTAL LIABILITY OF THE COMPANY

EXHIBIT P4 A COPY OF THE REQUEST DATED 24.02.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT