IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 WP(C).No. 14405 of 2010(A) -------------------------- PETITIONER(S): ------------------------ M/S. CHANDRA CASHEW FACTORY, THEVALAPURAM.P.O, PUTHUR, KOLLAM DISTRICT, REPRESENTED BY ITS PROPRIETOR, R.S. DINESH CHANDRAN. BY ADV. SRI.R.ARUN SRI.LATHEESH SEBASTIAN RESPONDENT(S): -------------------------- 1. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, OLD MUNICIPAL OFFICE BUILDING, CHINNAKADA, KOLLAM. 3. THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUNDS ORGANISATION, MANNANIYYA COMPLEX, KOLLAM. ADV. SRI.V.V.SURESH,SC,EPF.ORGANISATION FOR R2-3 GOVT.PLEADER SRI.M.P.MOHAMMED FAZIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.14405 OF 2010 () -------------------------------------------------- Dated this the 6th day of May, 2010 J U D G M E N T Ext.P5 is an order issued by the 2nd respondent imposing interest and damages on the petitioner, against which Ext.P6 appeal and Ext.P7 stay petition have been filed before the 1st respondent, the Appellate Tribunal. The appeal and stay petition are pending and petitioner apprehends coercive action based on Ext.P5 and therefore this writ petition. 2. Having regard to the pendency of appeal and the stay petition, I feel it is appropriate that the 1st respondent should consider at least Ext.P7 stay petition before coercive action is initiated to recover the dues under Ext.P5. 3. Therefore, writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P7 with notice to the petitioner and as expeditiously as possible at any rate within 8 weeks of production of a copy of this judgment along with a copy of the writ petition. It is directed that further proceedings pursuant to Ext.P5 will stand stayed in the meanwhile. WPC.No.14405 /2010 :2 : Petitioner shall produce a copy of the judgment and a writ petition before respondents 1 and 3 for compliance. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/