IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 21976 of 2008(N) -------------------------- PETITIONER: ------------ M.SHAMSUDEEN MANAGING PARTNER, CHOICE CASHEW INDUSTTRIES KALLELIBHAGOM PO. THODIYOOR KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.B.SURESH KUMAR RESPONDENTS: ------------- 1. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. 2. THE REGIONAL PROVIDENT FUND COMMISSIONER 3. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION OLD MUNICIPAL BUILDING, CHINNAKKADA, KOLLAM-691 001. 4. THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION OLD MUNICIPAL BUILDING, CHINNAKKADA, KOLLAM. BY ADV. SMT.T.N. GIRIJA, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 21976 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 24th July, 2008. J U D G M E N T The petitioner was assessed to contributions under the Employees Provident Funds and Miscellaneous Provisions Act as per Ext. P1 order. Against the same, the petitioner filed an application for review under Section 7B, which was also dismissed by Ext. P2. The petitioner is stated to have filed an appeal, Ext. P3, before the appellate Tribunal. The petitioner is aggrieved by the coercive recovery proceedings pending disposal of the appeal. After arguing for some time, learned counsel for the petitioner confines the relief for permission to pay off the amounts in instalments. 2. I have heard the learned standing counsel for the Provident Fund Organisation also. 3. I feel that in the facts and circumstances of the case, the petitioner can be permitted to pay off the amounts demanded as per Ext. P1 in instalments. Accordingly, I direct respondents 2 to 4 to permit the petitioner to pay off the amounts due as per Ext. P1 in eight equal monthly instalments starting from 1-8-2008. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalment on the due dates, further coercive proceedings, if any, initiated by respondents 2 to 4 shall be kept in abeyance. However, if the petitioner defaults payment of any one instalment, it would open to respondents 2 to 4 to take appropriate steps as warranted by law for recovery of the entire amounts in lump sum. The writ petition is disposed of as above. I make it clear that such payment would be subject to result in the appeal stated to have been filed by the petitioner. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.