IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 7549 of 2011(P) ------------------------- PETITIONER(S): ----------------------- M/S. XL ENGINEERS, MUDICAL.P.O., PERUMBAVOOR.REPRESENTED BY ITS MANAGING PARTNER PRINCE.P.PATTACHERY. BY ADV. SRI.PAULSON C.VARGHESE RESPONDENT(S): ------------------------- REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, 36/685 A, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI-17. ADV. DR.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE FOR R SRI.M.CHANDRA BOSE FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 7549 of 2011 APPENDIX PETITIONER'S EXHIBITS:- P1:- COPY OF THE PROSECUTION NOTICE DATED 18.2.2011 ISSUED BY THE RESPONDENT RESPONDENT'S EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE P.N.RAVINDRAN, J. ---------------------------------- W.P.(C)No. 7549 OF 2011 --------------------------------------------- Dated this the 24th day of May, 2011 J U D G M E N T The petitioner is a partnership firm, which is running an industrial unit engaged in the manufacture of engineering goods. Though, the petitioner has filed this writ petition challenging Ext.P1 notice dated 14.2.2011, whereby the petitioner has been threatened with prosecution unless it clears arrears of contribution to the Employees Provident Fund to the tune of Rs.1,15,939/- within 15 days, when the writ petition came up for hearing today, the learned counsel for the petitioner submitted that the petitioner needs only a reasonable time and an opportunity to pay the said sum in installments. The learned counsel for the petitioner submitted that the petitioner has already deposited the sum of Rs.25,000/- pursuant to the interim order passed by this Court on 10.03.2011 and will pay the balance amount in five equal monthly installments commencing from 1st June, 2011. W.P.(C).No.7549 OF 2011 2 2. Sri.M.Chandra Bose, the learned standing counsel for the respondents did not seriously oppose the said submission. In such circumstance as the petitioner has already deposited the sum of Rs.25,000/-, I dispose of the writ petition with the following directions:- a) The petitioner shall pay the balance amount demanded in Ext.P1 (Rs.1,15,939/- – Rs.25,000/-)= Rs.90,939 in five equal monthly installments. The first installment shall be remitted on or before 01.06.2011 and the remaining installments on the first of every succeeding English calendar month. b) If the petitioner commits default in remitting any two consecutive installments, the permission given to the petitioner to pay the amount demanded in Ext.P1 in instalments shall stand recalled and the respondents will be free to proceed with Ext.P1 notice and to recover the amount due from the petitioner in lump. P.N.RAVINDRAN, JUDGE dmb