1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2011 CORAM: THE HONOURABLE MRS.JUSTICE CHITRA VENKATARAMAN and THE HONOURABLE MR.JUSTICE T.SUDANTHIRAM WRIT APPEAL (MD) No.248 of 2011 and M.P.(MD)No.1 of 2011 M/s.Bojaraj Textile Mills Ltd., Registered Office: M/s.Sitalakshmi Complex, 1st Floor, Tirunagar 3rd Stop - Tirunagar, Madurai – 625 006, through its Director, M.K.Kaladharbabu .. Appellant vs. 1.The Presiding Officer, Employees Provident Appellate Tribunal, Scope Minor, Core – II, 4th Floor, Lakshmi Nagar, New Delhi- 110 092. 2.The Regional Provident Fund Commissioner No.II, Employees Provident Fund Organisation, Regional Office, Lady Doak College Road, Madurai – 625 002. 3.The Recovery Officer, Employees Provident Fund Organisation, Regional Office - Madurai – 625 002. ..Respondents Writ Appeal is filed under Clause 15 of the Letters Patent against the order of this Court dated 31.1.2011 made in W.P.M.P.(MD)No.1 of 2011 in W.P.(MD)No.1112 of 2011 relating to the portion of the condition made by this Court to deposit 50% of the amount in the impugned order dated 16.8.2007 (Rs.59,38,401/-) with the third respondent within four weeks from the date of receipt of the copy of the stay order. WPMP(MD)No. 1 of 2011 in WP(MD)No. 1112 of 2011: Petition praying that in the circumstances stated therin and in the affdiavit filed therwith the High Court will bepleased ot stay th operation, implementation and enforcement and recovery proceedings of the 2nd respondent in No. TN/RO/MDU/4831/RO/Circle – 3/Spl. Task/LD/2007 Dated: 16.08.2007 for a sum of Rs. 59,38,403/- pending disposal of the above Writ Petition. WP(MD)No. 1112 of 2011: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of ertiorari, calling for the records from the file of the 1st Respondent herin in ATA. NO. 437 (13) 2009 and to quash the order dated: 27.12.2010 passed by the 1st respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 For appellant : Mr.P.Chandra Bose For respondents : Mr.G.R.Swaminathan JUDGMENT Judgment of the Court was delivered by CHITRA VENKATARAMAN, J This Writ Appeal is preferred against the order of this Court dated 31.1.2011 made in M.P.(MD)No.1 of 2011 in W.P.(MD)No.1112 of 2011 granting interim stay by directing the petitioner to pay 50% of the amount demanded in the order impugned dated 16.8.2007 within a period of four weeks from the date of receipt of copy of the stay order, failing which, the interim stay granted shall stand automatically vacated without any further reference to this Court. 2. Heard the learned counsel for the appellant. 3. Learned counsel for the appellant submitted that due to difficulties in liquidity position, the conditional order of stay has to be set aside and absolute stay shall be granted. 4. On notice, the respondents are represented by their counsel. After hearing both sides, we feel considering the distance of time and the default committed by appellant, it is suffice that period for payment of amount as ordered by this Court is extended by a further period of four weeks from today. It is stated by the learned counsel for the appellant that the petitioner/appellant has already deposited Rs.10 lakhs out of Rs.30 lakhs. The balance Rs.20 lakhs shall be paid within a period of four weeks from today. The said modification is as regards stay order alone. Accordingly, the Writ Appeal is disposed of. Connected Miscellaneous Petition is closed. No costs. SD ASST REGISTRAR ( P AND A ) /TRUE COPY/ SUB ASST REGISTRAR asvm To 1.The Presiding Officer Employees Provident Appellate Tribunal, Scope Minor, Core – II, 4th Floor, Lakshmi Nagar, New Delhi- 110 092. 2.The Regional Provident Fund Commissioner No.II, Employees Provident Fund Organisation, Regional Office, Lady Doak College Road, Madurai – 625 002. 3.The Recovery Officer, Employees Provident Fund Organisation, Regional Office - Madurai – 625 002. 1CC TO MR. P. CHANDRA BOSE ADVOCATE, SR: 10180: DM:2011:MARCH:10 W.A.(MD)No.248 of 2011 and M.P.(MD)No.1 of 2011 2P:5C:: 25.02.2011 https://hcservices.ecourts.gov.in/hcservices/