IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 5212 of 2009(V) ------------------------------- PETITIONER: -------------- K.S.SHAJI, PROPRIETOR, M/S.HINDUSTAN SHEERING WORKS, MAYITHARA, CHERTHALA, ALLEPPEY - 688539. BY MR.SEBASTIAN DAVIS, ADVOCATE. RESPONDENT: --------------- ASSISTANT P.F.COMMISSIONER & RECOVERY OFFICER, EMPLOYEES' PROVIDENT FUND ORGANISATION SUB REGIONAL OFFICE, P.B.No.1895, KALOOR, KOCHI-682017. BY MR. S.GOPAKUMARAN NAIR, SENIOR ADVOCATE. MR. M.K. CHANDRA MOHANDAS, SC, EPF. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.5212 of 2009 --------------------------------- Dated, this the 17th day of February, 2009 J U D G M E N T The petitioner is the Proprietor of an establishment by name M/s.Hindustan Sheering Works, Alappuzha, an establishment to which the provisions of the Employees Provident Funds and Miscellaneous Provisions Act and the Schemes framed thereunder are applicable. He has been found liable to pay an amount of Rs.72,371/-. He sought time for payment. But, however, that was declined. In these circumstances, the writ petition is filed praying that he be given four months time to discharge the liability. 2. I heard the learned standing counsel appearing for the respondent also. 3. Having regard to the financial constraints urged by the petitioner and also taking into account the fact that the petitioner is not disputing the liability and wants only some time to discharge the same, I direct that the petitioner be permitted to pay the amount in two equal instalments, first of which shall be paid on or before 30/04/2009 and the 2nd instalment shall be paid on or before WP(C) No.5212/2009 -2- 30/06/2009. Subject to such payment, further proceedings for recovery of liability through coercive action against the petitioner shall be kept in abeyance, and in case default is committed, respondents will be free to continue action for recovery. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg