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High Court of Kerala

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CANNANORE CO-OPERATIVE SPINNING v. THE ASSISTANT PROVIDENT FUND - WP(C) No. 22717 of 2007(D) [2007] RD-KL 13881 (24 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22717 of 2007(D)

1. CANNANORE CO-OPERATIVE SPINNING
... Petitioner

Vs

1. THE ASSISTANT PROVIDENT FUND
... Respondent

For Petitioner :SRI.A.M.SHAFFIQUE

For Respondent : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :24/07/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO. 22717 OF 2007

DATED THIS THE 24th DAY OF JULY, 2007



JUDGMENT

The petitioner is a Co-operative Society, which is in dire financial trouble. For delay in payment of contributions under the Employees Provident Funds and Miscellaneous Provisions Act, damages under Section 14B of the Act have been imposed on the petitioner, against which the petitioner has filed appeal before the Tribunal, which is pending. In the meanwhile, proceedings have been initiated for recovery of interest under Section 7Q of the Act, which is under challenge in this writ petition. The petitioner's only prayer now is to permit the petitioner to pay off the amounts demanded in instalments.

2. I have heard the learned standing counsel appearing for the Provident Fund Organisation also. Taking into account the fact that the petitioner is finding in difficult to pay even the salary due to the workers for whose benefit only the respondent has initiated proceedings under the Act, I feel that the petitioner should be given some indulgence in the matter of payment of the amounts demanded. Accordingly, I dispose of this writ petition with a direction to the respondent to permit the petitioner to pay the 7Q interest demanded as per Ext.P1 notice in ten equal monthly instalments starting from W.P.(c)No.22717/07 2 16.8.07. Every subsequent instalment shall be paid on the first working day after the 15th of every succeeding month. If the petitioner pays the instalments in time further proceedings pursuant to Ext.P1 shall be kept in abeyance. However, if the petitioner commits default in payment of any one of the instalments, the respondent would be free to continue proceedings as now initiated by Ext.P5 without having to issue any fresh notice or proceedings in that regard.

S. SIRI JAGAN, JUDGE

Acd W.P.(c)No.22717/07 3


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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