IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 21088 of 2009(E) -------------------------- PETITIONER(S): --------------- M/S.ABAD EXPORTS PVT.LTD., BAYPRIDE BUILDING, JEW TOWN ROAD, KOCHANGADI, COCHIN. BY ADV. SRI.P.GOPINATH RESPONDENT(S): --------------- 1. ASST.PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, P.B.NO.1895, KALOOR, COCHIN - 682 017. 2. THE REGISTRAR, EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, 7TH FLOOR, 60 SKYLARK BUILDING, NEHRU PALACE, NEW DELHI. R1 BY ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE & SRI.M.CHANDRA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.21088 of 2009 ---------------------------------------- Dated this the 28th day of July, 2009. JUDGMENT Aggrieved by Ext.P3 order passed under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, the petitioner has preferred Ext.P4 appeal before the appellate tribunal. The appeal has not been admitted so far. Meanwhile, the petitioner apprehends coercive proceedings in enforcement of Ext.P3. Hence this writ petition. 2. Learned standing counsel for the 1st respondent submits that no amount has been remitted by the petitioner, pursuant to Ext.P3. 3. Having heard Learned counsel for the petitioner, the writ petition is disposed of directing the 1st respondent to keep in abeyance, the proceedings by way of enforcement of Ext.P3, for a period of two months from today, on condition that the petitioner pays1/4th of the amount assessed under Ext.P3, within a period of three weeks from today. Thereafter, W.P.(C).No.21088 of 2009 :: 2 :: further enforcement of Ext.P3 shall abide by the orders to be passed by the appellate tribunal, either in the matter of admission or in the case of interim orders, as the case may be. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge