IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14894 of 2008 Between: M/s. Narayanam Venkata Ramanamma & Sons, a Partnership firm, having its place of business at Kotha Agraharam, Vizianagaram - 535202, rep. by its Managing Partner, M.r N.L.N. Ravi Kumar. ..... PETITIONER AND The Assistant PF Commissioner, Employees Provident Fund Organisation, Sub-Regional Office, VUDA Layout, NAD Post, Visakhaptnam-530009. .....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 call for the records pertaining to the impugned order No.AP/VP/CC.56/AP/35385/7C/2008/2974 dated 18.06.2008 of the Respondent viz., The Assistant PF Commissioner Employees Provident Fund Organisation Sub-Regional Office, Visakhapatnam, and quash the same, by the issuance of a writ, more particularly in the nature of a writ of Certiorari or any other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper and pass Counsel for the Petitioner:MR.C.R.SRIDHARAN 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. 14894 OF 2008 ORDER: 1. The order passed by the Assistant Provident Fund Commissioner, Employees Provident Fund Organisation Sub- Regional Office, VUDA Layout,Visakhapatnam-1st Respondent is under challenged in this writ petition. 2. Apparently, the order has been passed by the Regional Provident Fund Commissioner-Respondent under 7(c ) of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (herein after referred to as ‘the Act’ for brevity). The said order is appealable under Section 7(I) of the Act. 3. Learned counsel appearing for the petitioner submits that the respondent is contemplating to take coercive steps for realization of the amount as per order dated 18-6-2008 even before the expiry of appeal time permitted under the provisions of the Act. He further states that the order has been received by the petitioner on 26-6-2008 and the petitioner has time to file appeal till 25th August, 2008. 4. Since the petitioner has efficacious statutory remedy of appeal as provided under Section 7(I) of the Act, the petitioner has to exhaust the same. 5. Reserving the liberty to the petitioner to avail the statutory remedy, this writ petition is disposed of at the admission stage. The order impugned in the writ petition shall be in suspension till 25th August, 2008, so as to enable the petitioner to file the appeal within the permissible period. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 11th July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 14894 OF 2008 11th July, 2008.