IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14972 of 2008 Between: M/s. Choudhry Sugars, 15-2-443, Kishan Gunj, Hyderabad - 500 012, Rep. by its Authorised Signatory Shri Ram Dutt Choudhry. ..... PETITIONER AND Assistant P.F. Commissioner and Recovery Officer, Employees' Provident Fund Organisation, (Ministry of Labour, Govt. of India), Sub-Regional Office, Nyalkal Road, Nizamabad - 503 001. .....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 to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Notice dated 16.06.2008 issued by the respondent seeking show cause while proposing to issue a warrant of arrest against the Petitioner as being arbitrary, illegal, discriminatory and is a clear violation of petitioner's fundamental rights guaranteed under Articles 14, 21 & 22 of the Constitution of India in the wake of non-disposal of the application of the petitioner made under u/s 7A (4) of the EPF & MP Act, 1952 on 02.07.2008 seeking set aside of the exparte order dated 01.04.2008 issued by the Authorised Officer of the respondent and consequently set aside / quash the same and pass such other order or further orders. Counsel for the Petitioner:MR.T.V.L.NARASIMHA RAO 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. 14972 OF 2008 ORDER: 1. This writ petition has been filed by M/s Choudhry Sugars assailing the show cause notice issued by the Assistant Provident Fund Commissioner and Recovery Officer, Employees Provident Fund Organisation, Nizambad-Respondent vide No. AP/PF/ Recovery/6662/2008, dated 16th June, 2008. 2. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondent. 3. Learned counsel appearing for the petitioner submits that proceedings have been concluded against the petitioner ex-parte and therefore, the petitioner filed application on 2-7-2008 to set aside the ex-parte order and conduct the proceeding as provided under Section 7A(4) of the Employees Provident Fund and Miscellaneous Provision Act, 1952 and the provident fund authorities are proceeding to recover the amount by taking coercive steps and therefore, necessary directions is required to be given to the Recovery Officer to withdraw the show cause notice dated 16-6-2008. 4. The fact of the petitioner submitting application dated 2- 7-2008 is not in dispute. 5. In that view of the matter, the writ petition is disposed of keeping the notice impunged in the writ petition in suspension pending disposal of the application filed by the petitioner to set aside the ex-parte order subject to the petitioner paying half of the amount within four weeks from today. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 14th July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 14972 OF 2008 14th July, 2008.