IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 7926 of 2009(I) ------------------------- PETITIONER(S): --------------- METROPOLITAN ENGINEERING COMPANY LTD., P.B.NO.6, WEST, THAMPANOOR, TRIVANDRUM, REPRESENTED BY MR.JOSEMON.M.D., MANAGING DIRECTOR, KERALA STATE INDUSTRIAL ENTERPRISES LTD., WHO IS HOLDING ADDITIONAL CHARGE. BY ADV. SRI.E.K.NANDAKUMAR RESPONDENT(S): --------------- 1. THE ASST.PROVIDENT FUND COMMISSIONER, (RECOVERY OFFICER) EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. SRI.N.N.SUGUNAPALAN, SR. ADVOCATE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.7926 of 2009 ================== Dated this the 12th day of March, 2009 J U D G M E N T A company in financial distress and has been closed down, is aggrieved by the proceedings for recovery for interest and damages under the Employees' Provident Funds and Miscellaneous Provisions Act, while the appeal preferred by the petitioner-company against those demands is pending before the Employees' Provident Funds Appellate Tribunal. 2. I have heard the learned Standing Counsel appearing for the Provident Fund Organization also. 3. In view of the peculiar facts and circumstances of the case, especially the fact that the company itself has been closed down, I am of opinion that some leniency shall be shown to the petitioner in the matter of recovery pending appeal. Accordingly, I dispose of this writ petition with the following directions: The amount of interest viz., Rs.2,01,979/- shall be paid within one month. The recovery of damages shall stand stayed till disposal of Ext.P10 appeal. The 2nd respondent-Tribunal shall dispose of the appeal expeditiously. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2