IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 WP(C).No. 30378 of 2010(V) ---------------------- PETITIONER : ------------------ M/S. BLUELABS TECHNOLOGY SOLUTIONS PVT. LTD., INFOPARK THRISSUR, 'GULMOHAR', NALUKETTU ROAD, KORATTY, THRISSUR. BY ADVS. SRI.V.B.HARINARAYAN SMT.M.J.RAJASREE RESPONDENT(S): ----------------------- 1. ASST. PROVIDENT FUND COMMISSIONER (ENFORCEMENT), EMPLOYEES PROVIDENT FUND ORGANIZATION, COCHIN-17. 2. EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB-REGIONAL OFFICE, 36/685 A, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI-17. R1 & R2 BY ADV. SRI. M.CHANDRA BOSE, SC ADV. SRI. S. GOPAKUMARAN NAIR, SENIOR ADVOCATE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.30378 OF 2010 -------------------------------------------- Dated this the 4th day of October, 2010 JUDGMENT The petitioner is a company registered under the provisions of the Companies Act, 1956. This Writ Petition has been filed mainly with the prayer to direct the respondents to grant instalment facility to clear off the amount demanded as per Ext.P2 and, further, not to initiate any prosecution proceedings against the petitioner for non-payment of the amount demanded as per Ext.P2. Admittedly, an amount of Rs.3,41,964 is outstanding towards the contribution dues covering the period from February 2009 to August 2009. Ext.P2 notice has been issued pursuant to the finalisation of the proceedings initiated under Section 7A of the Employees' Provident Fund Act. The learned counsel for the petitioner submitted that the petitioner would pay an amount of Rs.50,000/- within a period of two weeks from today and would pay the balance amount in five equal monthly instalments. 2. I have heard the learned counsel for the petitioner and also the learned counsel for the respondents. This Writ Petition is disposed of with W.P.(C) NO.30378/2010 2 the following directions:- In view of the readiness expressed by the petitioner to pay off the amount demanded as per Ext.P2, the petitioner shall pay an amount of Rs.50,000/- within a period of two weeks from today. The balance amount demanded as per Ext.P2 shall be paid in five equal monthly instalments commencing from 1.11.2010 onwards. The monthly instalments as directed above shall be made on or before 5th of every month. In case of failure on the part of the petitioner to remit the instalments in terms of the directions in this judgment, it will be open to the respondents to initiate steps based on Ext.P2. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.30378/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.30378/2010 4