IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13117 of 2008 Between: Central Power Distribution Company of A.P. Ltd., Rep. by The Divisional Electrical Engineer, Operation, City-III Circle ( South ), Hyderabad.(A.P.)-500002. ..... PETITIONER AND 1 Employees Provident Fund Organization, Regional Office, H.No. 3-4- 163, Bhavishyanidhi Bhavan, Barkat Pura, Gr. Hyderabad, (A.P)-500027 rep. by its Assistant Provident Fund Commissioner. 2 The Recovery Officer, Employees Provident Fund Organization, Barkat Pura, Hyderabad. .....RESPONDENT(S) 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 a writ order or direction more particularly one in the nature of Writ of Certiorari and call for the records relating to and connected with order No.AP/44134/RC/PD/2008/969 dated.07.01.2008 issued by the 1st respondent and quash the decision contained therein to imposse an amount of Rs.8722/- to wards simple interest under Section 7Q and Rs.15,693/- as damages under section 14B of EPF and MP Act, 1952 and also set aside the consequential notice No.AP/4413/RRCELL- I/PRC No. 77/08/2008, dated 03-06-2008 with all consequential benefits and pass Counsel for the Petitioner:MR.P.NAVEEN 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. 13117 OF 2008 ORDER: 1. This writ petition has been filed by the Central Power Distribution Company of Andhra Pradesh Limited, represented by the Divisional Electrical Engineer, Operation City-III Circle (South), Hyderabad with a prayer to issue writ, order or direction more particulary one in the nature of certiorari calling for records relating to Order No. AP/4413/RC/PD/2008/969, dated 7-1-2008 issued by the 1st respondent and quash the same. 2. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondents. 3. The factual aspects need not be elaborated since the appeal filed by the petitioner is stated to be pending before the E.P.F. Appellate Tribunal, New Delhi. 4. It is the grievance of the petitioner that the Recovery Officer-2nd Respondent is proceeding with the recovery of the amount despite pendency of the appeal. 5. Learned counsel appearing for the petitioner submits that the appellate Tribunal is on vacation and therefore, there is no other forum available to the petitioner to seek any interim stay of the proceedings initiated by the Recovery Officer –2nd Respondent. It is stated by the learned standing counsel appearing for the 2nd Respondent that in similar set of circumstances, this Court disposed of the writ petition with a condition to deposit 50% of the amount demanded within six week from today. He placed reliance on the decision of this Court in W.P.No. 4228 of 2008 (M/s Royal Commissin Agents, Near New Bus Stand, Siddipet Vs. M.A.Razak). 6. In that view of the matter, the writ petition is disposed of granting stay of further proceedings pursuant to the order No. AP/44134/RC/PD/2008/969, dated 7-1-2008 passed by 1st Respondent subject to the petitioner depositing 50% of the demand amount within three weeks, pending disposal of the appeal or till the application filed by the petitioner seeking interim stay is entertained, whichever is earlier. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 24th June, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 13117 OF 2008 24th June, 2008.