-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.362 OF 2008 Enva Chem (India) Limited & Ors. : Petitioners V/s. The Employees Provident Fund Organisation : Respondent ... Mr.J.P.Cama, Senior Advocate, i/b. Mr.S.P.Dhulapkar for the petitioners. Mr.Suresh Kumar for the respondent. ... CORAM : S.B.MHASE & A.A.KUMBHAKONI,JJ. DATE : JUNE 12, 2008. P.C. 1. The petitioners have filed this petition seeking a direction to the respondent to sell the property in issue which has been attached by the respondent for recovery of certain amount due and payable by the petitioners to the respondent - Employees Provident Fund Organisation. 2. Mr.Cama, the learned counsel for the petitioners, makes a statement that despite the order dated 23.5.2007 passed in ATA No.326(9)/2007 by E.P.F. Appellate Tribunal, New Delhi, his clients i.e. the petitioners have no objection to proceed with the sale of the property in issue. -: 2 :- 3. The only submission made by Mr.Cama which requires consideration is that the property in issue only to the extent of liability of the petitioners towards the respondent be sold and after recovering the amount so due to the respondent from the sale proceeds, rest of the property in issue be released from attachment. 4. On the other hand, Mr.Suresh Kumar, the learned counsel for the respondent, submitted that at present, it is not possible to conclude one way or the other as to whether the property under attachment can be divided for the purpose of sale as submitted by the petitioners. He further submits that this issue as to whether the entire property under attachment is to be sold in a consolidated manner or a part thereof is to be sold to the extent of the satisfaction of the amount that is due and liable to be paid to the respondent by the petitioners should be left to the discretion of the respondent-authorities. 5. No machinery is available with this Court to ascertain as to whether the property under attachment can be divided as proposed by the petitioners, for putting it for sale for the purpose of recovery of the amount that the petitioners are liable to pay to the respondent. There may be problems involved in the divisibility of the property under attachment as proposed by the petitioners. -: 3 :- We, therefore, find it appropriate to leave it open for the Officers of the respondent to take appropriate decision in this regard since the property is under attachment of the respondent. The Officers are at liberty either to dispose of the entire property under attachment in a consolidated manner and/or a part thereof only as proposed by the petitioners, in accordance with their prudence and in the facts and circumstances of the case. In view of the concession made by Mr.Cama, the learned counsel for the petitioners, the respondent will be entitled to sell the property in issue as aforesaid, despite the aforesaid order dated 23.5.2007 passed by the E.P.F. Appellate Tribunal, New Delhi. 6. Mr.Suresh Kumar, the leaned counsel appearing on behalf of the respondent, makes a statement, on instructions from Mr.Sudarshan Kumar, Asstt. Provident Fund Commissioner & Recovery Officer (EPF), who is present in Court, that the aforesaid sale will be completed within a period of eight weeks from today. 7. All the statements made as aforesaid on behalf of both the parties are hereby accepted. In view of these statements and aforesaid observations, no further directions are required to be issued by this Court to the respondent for disposing of the property under attachment by sale. This exercise shall be completed within a period -: 4 :- of eight weeks from today. 8. At this stage, Mr.Cama, the learned counsel appearing on behalf of the petitioners, states that the petitioners may be given an opportunity to pay the entire amount due and payable by the petitioners to the respondent before conducting the aforesaid sale and that the respondent may not proceed with the aforesaid sale in case such payment is made. We make it clear that it will be open to the petitioners to pay the entire amount as may be found due and payable by the petitioners to the respondent on the date on which such payment will be made, in case it is so made, before conducting the aforesaid sale of the property under attachment by the respondent. 9. The Writ Petition stands disposed of finally in the aforesaid terms. (A.A. KUMBHAKONI, J.) (S.B. MHASE, J.)