1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.09.2011 CORAM: THE HONOURABLE MR.JUSTICE VINOD K.SHARMA W.P.(MD).No.6925 of 2011 And M.P.(MD).No.1 of 2011 Jai Renga Mills Pvt. Ltd., Tenkasi Road, Rajapalayam Virudhunagar District - 626 117 rep. by its Authorised Signatory/Manager : Petitioner Vs. 1. The Assistant Provident Fund Commissioner EPF Organization Regional Office Madurai - 2 2. The Recovery Officer E.P.F. Organization Regional Office Madurai : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records pertaining to the impugned order passed by the second respondent in his proceedings vide No. M11/TN/MDU/10314/Recy/R.O./2011 dated 13.06.2011 and quash the same. For Petitioner : Mr.S.Karthik For Respondents : Mr.G.R.Swaminathan O R D E R Challenge in this Writ Petition, is to sale notice issued by the respondent for recovery of damages imposed under Section 14 (B) of the Employees' Provident Fund and Miscellaneous Provisions Act 1952, [herein- after referred to as the "Act"]. 2. Learned counsel for the petitioner states that the appeal filed by the petitioner was dismissed in default, which had resulted in initiation of recovery proceedings. 3. On an application moved by the petitioner, the appeal was restored, but was again dismissed in default and again restored, and now finally, an order of stay of recovery proceedings, has been passed by the Appellate Tribunal. https://hcservices.ecourts.gov.in/hcservices/ 2 4. In view of the stay granted by the Tribunal, this Writ Petition has been rendered infructuous. 5. Otherwise also, this writ petition is not competent, as the petitioner cannot avail two remedies simultaneously qua the same cause of action. 6. Consequently, this Writ Petition is dismissed as infructuous. 7. The connected Miscellaneous Petition is also dismissed. No costs. vsg Sd/- Assistant Registrar[Crl side] /True copy/ Sub Assistant Registrar To 1. The Assistant Provident Fund Commissioner EPF Organization Regional Office Madurai - 2 2. The Recovery Officer E.P.F. Organization Regional Office Madurai. W.P.(MD).No.6925 of 2011 And M.P.(MD).No.1 of 2011 Dated:09.09.2011 2P/3C RPB 26.09.2011 https://hcservices.ecourts.gov.in/hcservices/