M/S. Thottathil Agencies vs The Regional Provident Fund ...
2024 Latest Caselaw 26652 Ker

Kerala High Court

M/S. Thottathil Agencies vs The Regional Provident Fund ... on 5 September, 2024

                                 1
W.P.(C) No.30693 of 2024



                                                      2024:KER:67404

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

          THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

 THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                           WP(C) NO. 30693 OF 2024

PETITIONER:

               M/S. THOTTATHIL AGENCIES,
               WII/18/19, 2ND FLOOR, BISHOP JEROM NAGAR,
               KOLLAM, PIN - 691001, REPRESENTED BY ITS
               PROPRIETOR, DINU SURENDRAN.

               BY ADVS.
               M.GOPIKRISHNAN NAMBIAR
               K.JOHN MATHAI
               JOSON MANAVALAN
               KURYAN THOMAS
               PAULOSE C. ABRAHAM
               RAJA KANNAN
               JAI MOHAN

RESPONDENT:

               THE REGIONAL PROVIDENT FUND COMMISSIONER- II,
               EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL
               OFFICE, PONNAMMA CHAMBERS -1, PASRAMESWAR NAGAR,
               OPPOSITE ARCHANA-ARADHANA THEATURE,
               KOLLAM, PIN - 691001

               BY ADVS.
               PIRAPPANCODE V.S.SUDHIR - SC
               AKASH S.
               GIRISH KUMAR M S
               SRIVIDYA K
               RICHU THERESA ROBERT
               RAJALAKSHMI.R.
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W.P.(C) No.30693 of 2024



                                                   2024:KER:67404

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                     3
W.P.(C) No.30693 of 2024



                                                               2024:KER:67404

                   HARISANKAR V. MENON, J.
            ------------------------------
                   W.P.(C) No.30693 of 2024
            ------------------------------
            Dated this the 5th day of September, 2024

                                    JUDGMENT

The petitioner has been saddled with Ext.P1 order, by which

the petitioner is covered under the provisions of the Employees

Provident Funds and Miscellaneous Provisions Act, 1952. As per

Ext.P1 order, the petitioner is directed to make a deposit of

Rs.8,70,470/- towards the interest liability, apart from the

principal amount.

2. The learned counsel for the petitioner submits that the

dispute in this writ petition is only as regards the demand of

interest as per Ext.P1 order, and the petitioner only seeks an

instalment facility for clearing the interest liability.

Sri.Pirappancode V.S.Sudhir, learned Standing Counsel for the

respondent, would submit that reasonable instalments may be

extended to the petitioner.

Having considered the rival submissions and the connected

records, this writ petition would stand disposed of permitting the

petitioner to clear the interest liability as per Ext.P1 order, in ten

equal monthly instalments commencing from 10.10.2024.

2024:KER:67404

It is also clarified that, if two successive defaults are

committed by the petitioner, the benefits of this judgment would

stand recalled.

Sd/-

HARISANKAR V. MENON JUDGE anm

2024:KER:67404

APPENDIX OF WP(C) 30693/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF THE RESPONDENT DATED 08.07.2024 CHARGING INTEREST ISSUED BY THE PETITIONER