IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 31526 of 2008(C) -------------------------- PETITIONER(S): --------------- M/S.RAJAGOPAL TAXTILE MILLS PRIVATE LTD. P.B.NO.404, MULAKUNNATHUKAVU, THRISSUR, REPRESENTED BY ITS JOINT MANAGING DIRECTOR. DIPESH.S.VED. BY ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH SRI.A.SARATH RESPONDENT(S): --------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER BHAVISHYANIDHI BHAVAN, P.B.NO.1895, KALOOR, KOCHI. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN,P.B.NO.1895, KALOOR, KOCHI. ADV. SRI.S.GOPAKUMARAN NAIR (SR.) FOR R2 SRI.M.CHANDRA BOSE FOR R2 GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).31526/2008 -------------------- Dated this the 28th day of October, 2008 JUDGMENT Petitioner is aggrieved by Exts.P1 to P3 orders by which the Assistant Provident Fund Commissioner, the competent authority, has assessed the amount due by the petitioner, under Section 7A of the EPF & MP Act. On account of the petitioner's failure to pay the amount, steps have now been taken to proceed with the sale of the attached property belonging to the petitioner, as scheduled in Ext.P5. 2. Learned counsel for the petitioner submits the entire amount, as assessed by Exts.P1 to P3, shall be paid provided some breathing time is afforded to the petitioner. 3. Learned Standing Counsel for the Provident Fund Commissioner submits that an amount of Rs.9,34,824/- is due as the Employees' share of the contribution and there is no justification or warrant for the W.P.(C).31526/2008 2 petitioner not paying the said amount. I find considerable force in the submission. Nevertheless, taking note of the petitioner's undertaking to pay the entire amount demanded and assessed as per Exts.P1 to P3, writ petition is disposed of directing the respondents to keep in abeyance further proceedings pursuant to Ext.P5 for a period of eight months from today, provided the petitioner pays an amount of Rs.9,34,824/- within a period of two months from today. The balance amount due under Exts.P1 to P3 shall be paid in six equal monthly instalments commencing from 1.1.2009. If there is any default in paying the amount as aforementioned, the facility of instalemnt shall stand withdrawn and it will be open to the respondents to enforce Ext.P5 without further notice. V.GIRI, Judge mrcs