IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 502 of 2009 Between: M/s.Kavitha 70 MM Theatre, Godavari Khani, Karimnagar District, rep.by its Manager B.Narayana Goud, S/o.Rama Goud, aged about 72 years Occ:Manager & Business, R/o.Godavari khani, Karimnagar district ..... PETITIONER AND The Assistant Provident Fund Commissioner, and Authority Under Section 7A of Authority Under section 7A of P.F.Act, Sub-Regional Office, Shiva Theatre Complex, 1st floor, Jyothi Nagar, Karimnagar District .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent in seeking to recover a sum of Rs.6,95,966/- together with interest under order dated 31.8.2007 No.P/SRO/WL/ENF/KRN/15499/7A ORDER/07/1063 from the petitioner theatre at once and failure thereof taking coercive steps to close the theatre as the same is illegal, and arbitrary, consequently direct the respondent to permit the petitioners to pay an amount of Rs.6,95,966/- in easy 24 monthly instalments and be pleased to pass Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 502_2009 ORDER: 1. The petitioner is M/s Kavitha 70 MM theatre represented by its Manager B. Narayana Goud. The respondent authority assessed the amounts payable by the theatre under the provisions of Employees Provident Funds and Miscellaneus Provisions Act, 1952 and the Rules made therein. The amount assessed in this case is Rs.6,95,966/-. The petitioner does not dispute the quantum of amount. The prayer sought for in the writ petition is to grant of installments in clearing the Provident Fund Dues. 2. When the writ petition came up for hearing Sri R.N. Reddy takes notice on behalf of the respondent. 3. Heard learned counsel for the parties. 4. Learned counsel appearing for the petitioner submits that in similar circumstances, learned Single Judge of this Court granted six monthly installments for clearing the provident fund dues. He placed on record copy of the order in W.P.No.9619 of 2004 dated 28-6-2004 ( M/s Jallal & Co, Tanners & Exporters, Warangal, Warangal District Vs. The Assistant Provident Fund Commissioner, ( Enforcement) Employees Provident Fund Organization). 5. In that view of the matter, the petitioner is permitted to pay due amount in ten equal monthly installments payable on or before 10th of every succeeding month. The first installment is on or before 10-2- 2009. In default of payment of any one of the installments, the respondent is at liberty to take further steps. 6. The writ petition is disposed of. No order as to costs. _______________________________ Justice B Seshasayana Reddy 21st January, 2009. Note: C.C. in three days B/o KM KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 502_2009 21st January, 2009