M/S Goldview Vyapar Pvt Ltd vs Regional Provident Fund ...
2023 Latest Caselaw 175 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                        WP(C) NO. 42548 OF 2022
PETITIONER:

            M/S GOLDVIEW VYAPAR PVT LTD
            GLENMARY ESTATE, PEERMEDU, IDUKKI
            REP.BY ITS AUTHORIZED SIGNATORY
            MR.BINOD J. KULIKKATTIL, PIN - 685531
            BY ADVS.
            V.B.HARI NARAYANAN
            PUROHIT SHALMALI SHARAD
            FAZEEN FAISAL KOMBANEZHUTH


RESPONDENTS:

    1       REGIONAL PROVIDENT FUND COMMISSIONER
            EMPLOYEES PROVIDENT FUND ORGANIZATION,
            REGIONAL OFFICE, KOTTAYAM, PIN - 686001
    2       RECOVERY OFFICER,
            EMPLOYEES PROVIDENT FUND ORGANIZATION,
            REGIONAL OFFICE, KOTTAYAM, PIN - 686001
            BY ADV JOY THATTIL ITTOOP


OTHER PRESENT:

            SRI.SUNIL KURIAKOSE SR.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 42548 OF 2022
                                2



                 P.V.KUNHIKRISHNAN, J.
             =====================
                W.P.(C).No.42548 of 2022
             =====================
           Dated this the 6th day of January 2023


                       JUDGMENT

The above writ petition is filed with the following

prayers;

" i. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st Respondent to grant reasonable installments to the Petitioner to clear the amounts levied in Ext P1.

ii. To pass such other orders as are deemed fit and necessary in the facts and circumstances of the case." (SIC)

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that, she

will be satisfied if installment facility is given to the

petitioner to clear the entire due as per Ext.P1 order.

3. Heard the learned Counsel for the petitioner and

the learned Standing Counsel appearing for the respondent.

4. The learned counsel for the petitioner submitted

that the petitioner will clear the entire amount in Ext.P1 in WP(C) NO. 42548 OF 2022

12 equal monthly instalments. The learned Standing

Counsel oppose the same.

5. After hearing both sides and also considering the

fact that, the petitioner admit the liability, I think the

installment facility can be given.

6. Therefore, this writ petition is disposed of with the

following directions;

1. The petitioner is allowed to pay the amount due as

per Ext.P1 in 12 equal monthly instalments starting from

01.02.2023.

2. If there is any default in two consecutive

instalments, the respondent can take appropriate steps in

accordance with law.

Sd/-

P.V.KUNHIKRISHNAN SAAP JUDGE WP(C) NO. 42548 OF 2022

APPENDIX OF WP(C) 42548/2022

PETITIONER EXHIBITS Exhibit P1 A COPY OF THE RPFC PROCEEDINGS NUMBER KR/KTM/401/RPFC/7Q/2022-23/1321 DATED 11/11/22 Exhibit P2 A COPY OF THE CERTIFICATE ISSUED BY THE CA SHOWING LOSS SUFFERED BY THE PETITIONER DATED 6/2/2021.

//True Copy//PA to Judge