IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEALNO : 1004 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 13/05/2009 in WP NO : 9957 OF 2009 on the file of the High Court.) Between: 1 The Regional Provident Fund Commissioner, Employees Provident Fund Organisation, A.P. Regional Office, 3-4-763, Bhavishyanidhi Bhavan, Barkatpura, Hyderabd. 2 The Recovery Officer, Employees Provident Fund Organisation, A.P. Regional Office, 3-4-763, Bhavishyanidhi Bhavan, Barkatpura, Hyderabd. ..... APPELLANTS AND The Methodist Chruch in India, Hyderabad Episcopal Area, Bishops House, 5-8-336, Chapel road, Hyderabad, Rep by its Executive Secretary- Rev. Ch. Ananthaiah .....RESPONDENT Counsel for the Appellant:MR.R.N.REDDY Counsel for the Respondent No.: MR.J.KANAKAIAH The Court made the following : JUDGMENT: (Per the Hon’ble Smt. Justice T.Meena Kumari ) Aggrieved by the order dated 13.05.2009 made in WPMP No.12900 of 2009 in W.P. No. 9957 of 2009 by a learned Single Judge granting interim stay of auction as per the notice dated 03.05.2009 subject to the condition of the writ petitioner depositing 1/4th of the total amount due and payable to the respondents towards Employees Provident Fund contribution, on or before 30.6.2009 inclusive of the amounts already paid after proclamation of sale, the respondents in the writ petition are in appeal before us. It is case of the writ petitioner – first respondent herein that it runs several Christian Minority Educational Unaided Institutions in Hyderabad City and is covered by the provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1982 paying contributions under the provisions of the said Act. As the petitioner fell in arrears of contributions under the said Act, the appellants herein have initiated steps for recovery of the dues and proclamation of sale of the property at D.No. 5-9-78 to 82, Chapel Road, Nampally, Hyderabad, was issued proposing to sell the same in public auction to be held on 18.05.2009 and accordingly Auction Sale Notice was published in Deccan Chronicle (English) daily newspaper dated 3.5.2009. Hence, the writ petition was filed. When the writ petition came up for admission before the learned Single Judge, the impugned order was passed. Aggrieved thereby, the present Writ Appeal is filed by the respondents in the writ petition. Subsequent to the filing of the Writ Appeal, WPMP No. 17465 of 2009 filed by the writ petitioner came up for hearing on 07.07.2009 and the learned Single Judge has passed the following order: “…Learned Counsel for the Corporation under instructions states that a fresh auction is scheduled to be held on 03.08.2009. Having regard to the facts and circumstances explained in the affidavit filed in support of the application, particularly keeping in view that the petitioner has deposited a sum of Rs.10,00,000/- (Rupees ten lakhs only) vide cheque dated 26.05.2009, the interim order dated 13.05.2009 shall stand extended until further orders subject to the condition that another sum of Rs.10,00,000/- (Rupees ten lakhs only) is deposited on or before 27.07.2009. The balance payable as per the order dated 13.05.2009 shall be paid within four weeks thereafter. In default, the interim stay shall stand vacated…” Evidently, the writ appeal seeks to assail the interim order dated 13.05.2009, after which the writ petitioner – respondent herein is said to have deposited further sum of Rs.10,00,000/-. Therefore, without adverting to the merits or otherwise of the submissions, we dispose of the Writ Appeal directing the appellant to file appropriate application before the learned Single Judge raising all the pleas. With the above direction, the Writ Appeal is disposed of at the stage of admission. No order as to costs. As a sequal to the disposal of the Writ Appeal, WAMP (SR) No. 65438 of 2009 seeking to set aside the order dated 13.05.2009 in WP MP No. 12900 of 2009 in the above writ petition, stands closed. _____________________ Justice T. Meena Kumari __________________ Justice Sanjay Kumar July 18, 2009 MAS