THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.3261 of 2010 ORDER: The petitioner was a director in M/s. Bharat Metal Box Company Limited, IDA, Bolaram, Narsapur. The said company was registered with the Employees Provident Fund Organization. The company is said to have become sick. By virtue of an order passed by the Board for Industrial and Financial Reconstruction (BIFR) it was closed. The Employees Provident Fund Organization, Patancheru, issued proceedings dated 20.04.2005 directing that the petitioner is due the contribution of provident fund to the tune of Rs.9,57,454/-. The petitioner states that he has paid a sum of Rs.4,00,000/- on 28.03.2007 and made a request for granting of facility of payment of balance in instalments. The orders are said to be awaited. The first respondent issued notice dated 3.02.2010 to the petitioner requiring him to pay a sum of Rs.46,87,343/-. This comprised of about Rs.30,00,000/- towards penal damages and interest. A consequential notice dated 5.02.2010 was also issued stating that in case the amount is not paid within the stipulated time, necessary steps would be initiated against him. The said proceedings are challenged in this writ petition Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. Several grounds are urged by the petitioner while challenging the impugned proceedings. One such ground is that he was not issued any show cause notice before the amount towards interest and penal damages was levied. According to him, the respondents did not take into account the fact that a sum of Rs.4,00,000/- was already paid, and the request for payment of balance in instalments is pending consideration. Even now, the petitioner can approach the respondents with proper representation narrating relevant facts, subject however to the condition that a sum of Rs.5,00,000/- be paid. Hence, the writ petition is disposed of directing that it shall be open to the petitioner to submit a representation to the respondents within a period of four weeks from today narrating the relevant facts and enclosing the Demand Draft for Rs.5,00,000/-. On receiving such representation, the respondents shall consider the same and pass appropriate orders in accordance with law. Till such exercise is completed, the respondents shall not take any further steps in pursuance of the impugned proceedings. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J 16th February, 2010 Js.