Common Wealth Trust (India) Ltd vs Regional Provident Fund ...
2021 Latest Caselaw 21363 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

 FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943

                    WP(C) NO. 9672 OF 2018

PETITIONER:


          COMMON WEALTH TRUST (INDIA) LTD.
          SOUTH MANANCHIRA ROAD,
          KOZHIKODE - 673 001,
          REP.BY EXECUTIVE DIRECTOR.
          BY ADV SRI.C.K.KARUNAKARAN


RESPONDENTS:

    1     REGIONAL PROVIDENT FUND COMMISSIONER
          EMPLOYEES PROVIDENT FUND ORGANIZATION,
          P.B.NO.1806, ERANJIPALAM P.O.,
          KOZHIKODE - 673 006.
    2     RECOVERY OFFICER
          OFFICE OF THE REGIONAL PROVIDENT FUND
          COMMISSIONER, EMPLOYEES PROVIDENT FUND
          ORGANIZATION,
          P.B.NO.1806, ERANJIPALAM P.O.,
          KOZHIKODE - 673 006.
    3     RECOVERY INSPECTOR
          EMPLOYEES STATE INSURANCE CORPORATION,
          ESI COMPLEX, PUTHIYAPALAM,
          KOZHIKODE - 687 004.
    4     SUB REGISTRAR
          SUB REGISTRAR'S OFFICE, CHEVAYUR,
          KOZHIKODE - 673 017.
    5     VILLAGE OFFICER
          VILLAGE OFFICE, KOTTOOLI VILLAGE,
          KOZHIKODE - 673 016.
 W.P.(C) No.9672/18
                                   -:2:-

      6       M/S. CHARITABLE TRUST EYE HOSPITAL
              KALLUHANLADAVU, MINI-BYE PASS,
              PUTHIYARA, KOZHIKODE - 673 004.
     *7       THE TAHSILDAR
              KOZHIKKODE.
              *(ADDL.R7 IS SUO MOTU IMPLEADED AS PER ORDER
              DATED 12.4.2018)
              BY ADVS.
              DR.ABRAHAM P.MEACHINKARA, SC, EPF ORG.
              SRI.ADARSH KUMAR
              SRI.V.KRISHNA MENON
              SMT.J.SURYA
              SMT.P.VIJAYAMMA



       THIS     WRIT   PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   29.10.2021,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.9672/18
                                        -:3:-


                        BECHU KURIAN THOMAS, J.
                         -----------------------------------------
                             W.P.(C) No.9672 of 2018
                         ----------------------------------------
                     Dated this the 29th day of October, 2021

                                   JUDGMENT

Learned counsel for the petitioner submitted that the entire

amounts due to the respondents have been paid and nothing further

remains to be granted as a relief in this writ petition.

2. Learned counsel for the 3rd respondent submitted that their

right to recover the amounts, if any, due from the petitioner shall not

be prejudiced on account of the closure of the writ petition.

Reserving the liberty of the 3rd respondent to proceed in

accordance with law, this writ petition shall stand closed.

Sd/-

BECHU KURIAN THOMAS JUDGE vps W.P.(C) No.9672/18

APPENDIX OF WP(C) 9672/2018

PETITIONER'S/S' EXHIBITS EXHIBIT P1 TRUE COPY OF JUDGMENT DATED 10.04.2013 IN W.P.C.NO.19438 OF 2012.

EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 10.04.2013 IN W.P.C.NO.5324 OF 2012.

EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 15.02.2016 IN W.A.NO.2411 OF 2015.

EXHIBIT P4 TRUE COPY OF PAYMENT VOUCHER NO.400 DATED 16.08.2013.

EXHIBIT P4A TRUE COPY OF PAYMENT VOUCHER NO. 401 DATED 16.08.2013.

EXHIBIT P4B TRUE COPY OF PAYMENT VOUCHER NO. 402 DATED 16.08.2013.

EXHIBIT P4C TRUE COPY OF PAYMENT VOUCHER NO. 440 DATED 31.08.2013.

DATED 31.08.2013.

EXHIBIT P5A TRUE COPY OF PAYMENT VOUCHER NO. 442 DATED 31.08.2013.

EXHIBIT P6 TRUE COPY OF NOTICE OF DEMAND NOTICE DATED 12.04.2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6A TRUE COPY OF ORDER OF ATTACHMENT DATED 06.03.2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P7 STATEMENT OF DUES TO THE 1ST RESPONDENT FOR THE PERIOD JUNE 2015 TO JANUARY 2017.

DATED 15.09.2011.

EXHIBIT P8A TRUE COPY OF PAYMENT VOUCHER NO. 752 DATED 15.09.2011.

EXHIBIT P9 TRUE COPY OF ENCUMBRANCE CERTIFICATE DATED 27.01.2018.

EXHIBIT P10 TRUE COPY OF JUDGMENT DATED 05.03.2018 W.P.(C) No.9672/18

IN W.P.C.NO. 4777 OF 2018.

EXHIBIT P11 TRUE COPY OF PETITIONER'S RESOLUTION DATED 27.11.2017 FOR SALE OF LAND. EXHIBIT P12 TRUE COPY OF THE 1ST RESPONDENT'S LETTER DATED 15.11.2018

RESPONDENT'S/S' EXHIBITS ANNEXURE R1(a) TRUE COPY OF LETTER ISSUED BY COMTRUST DATED 12TH OCTOBER, 2018 ANNEXURE R1(b) TRUE COPY OF THE LETTER ISSUED BY COMTRUST CHARITABLE TRUST EYE HOSPITAL, PUTHIYARA, CALICUT BEARING NO.CEH/ADM/GM/141/2014 DATED 22ND DECEMBER, 2014 ANNEXURE R1(c) TRUE COPY OF THE COMMUNICATION NO.KR/KK/LEGAL/WPC 9672 OF 2018/378 DATED 15TH NOVEMBER, 2018 W.P.(C) No.9672/18