IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 16261 of 2011(G) -------------------------- PETITIONER: --------------- M/S.GEHANA GOLD PALACE (P) LIMITED, DOOR NO.SBP VI/1093, MAIN ROAD, SULTHAN BATHERY, WAYANAD-673 592, REPRESENTED BY ITS DIRECTOR, MR. ABDUL NASAR A.T. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.J.DEVADASAN SRI.P.GOPINATH RESPONDENT(S): --------------- 1. THE ASST. PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, P.B.NO.1806, ERANHIPALAM P.O., CALICUT-673 006. 2. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, P.B.NO.1806, ERANHIPALAM P.O., CALICUT-673 006. 3. STATE BANK OF TRAVANCORE, MAIN ROAD, SULTHAN BATHERY, WAYANAD-673 592. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F. FOR R1-2 SRI.T.SETHUMADHAVAN FOR R3 SRI.PUSHPARAJAN KODOTH FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.16261/11 PETITIONER'S EXTS: EXT.P1: COPY OF STANDING ORDER DT.23.3.11 EXT.P2: COPY OF INSPECTION REPORT DT.4.1.10. EXT.P3: COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DT.2.2.11 FIXING THE ENQUIRY UNDER SECTION 7A EXT.P4: COPY OF ORDER DT.3.5.11 PASSED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P5: COPY OF LETTER DT.9.6.11 FROM THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENTS' EXTS: NIL TRUE COPY P.A.TO JUDGE dsn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 16261 OF 2011 -------------------------- Dated this the 14th day of July, 2011 J U D G M E N T This writ petition was filed challenging Ext.P4 order passed by the first respondent, contending that even before the period of limitation prescribed for filing an appeal from that order has expired, the first respondent is taking steps to attach the bank account of the petitioner. 2. The instant writ petition was admitted and interim order of stay was passed on 16.6.2011 staying recovery pursuant to Ext.P4 order for a period of one month with the rider that in the meanwhile the petitioner shall file an appeal challenging Ext.P4 before the Appellate Tribunal. When the writ petition came up for hearing today, the learned counsel appearing for the petitioner submitted that the petitioner has filed an appeal challenging Ext.P4 order before the Employees Provident Fund Appellate Tribunal and the Appellate Tribunal has passed an interim order directing deposit of 40% of the amount assessed as a condition for the grant of stay and that in view of that development, the writ petition may be dismissed as withdrawn reserving liberty with the petitioner to prosecute the WPC No.16261/2011 2 appeal. The learned counsel appearing for the respondents did not oppose the said request. In such circumstances, the writ petition is dismissed as withdrawn reserving liberty with the petitioner to prosecute the appeal filed by the petitioner from Ext.P4 order before the Employees Provident Fund Appellate Tribunal. P.N.RAVINDRAN, (JUDGE) vps