M/S Arenco Catering Pvt Ltd vs Employees Provident Fund Organisation
2024 Latest Caselaw 14644 Ker

Kerala High Court

M/S Arenco Catering Pvt Ltd vs Employees Provident Fund Organisation on 31 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                        WP(C) NO. 5650 OF 2024
PETITIONER:

            M/S ARENCO CATERING PVT LTD
            REPRESENTED BY ITS MANAGING PARTNER, K.P.SHAFIQUE, AGED
            53 YEARS, S/O LATE K.P.BABU PARAKKATTU HOUSE, FEROKE,
            KOZHIKODE DISTRICT, PIN - 673001

            BY ADVS.
            K.SANEESH KUMAR
            V.B.SANTHINI



RESPONDENTS:

    1       EMPLOYEES PROVIDENT FUND ORGANISATION
            REPRESENTED THROUGH ITS REGIONAL PROVIDENT FUND,
            COMMISSIONER, REGIONAL OFFICE, 12TH LANE, RAMNAGAR,
            ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH, PIN - 523001

    2       THE ASSISTANT PROVIDENT FUND COMMISSIONER
            REGIONAL OFFICE, REGIONAL OFFICE, 12TH LANE, RAMNAGAR,
            ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH - 523001

    3       RECOVERY OFFICER
            EMPLOYEES PROVIDENT FUND ORGANISATION REGIONAL OFFICE,
            12TH LANE, RAMNAGAR, ONGOLE, PRAKASAM DISTRICT, ANDHRA
            PRADESH,, PIN - 523001

            SRI.SAJEEV KUMAR K.GOPAL, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5650 OF 2024
                                 2


                           JUDGMENT

The limited request of the petitioner - firm in this case

is that they be given an opportunity to pay off the entire

liability as per Ext.P1 in few instalments.

2. Sri.Saneesh Kumar - learned counsel for the

petitioner, sought 15 instalments, but Sri.Sajeev Kumar

K.Gopal appearing for the respondents conceded it to only

10.

3. In the afore circumstances, this writ petition is

allowed and the petitioner is allowed to pay off the amounts

due as per Ext.P1 - after deducting the amounts paid by the

petitioner, if any - to the respondent, in 10 equal monthly

instalments, commencing from 15.06.2024.

Needless to say, if the petitioner commits default in

payment of any two instalments, the respondent will be at

liberty to pursue recovery action against the petitioner,

without having to obtain any orders from this Court

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 5650 OF 2024

APPENDIX OF WP(C) 5650/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 20.12.2022

Exhibit P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 26.12.2023.