IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESSDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 20408 of 2008 Between: M/s. Kirlampudi Sugar Mills Limited, Rep by its Managing Director Sri C. Raghuram, 6-3-649/5, 5th Floor, Chakkilam House, Somajiguda, Hyderabad - 500 082. ..... PETITIONER AND 1 Recovery Officer & Asst. Provident Fund Commissioner, Employees Provident Fund Organisation, Sub-Regional Office, Sri Lakshmi Golden Plaza, 2 & 3rd Floor, Danvaipeta, Rajahmundry, East Godavari District. 2 Office of Regional Provident Fund Commissioner-II, Employees Provident Fund Organisation, Sub-Regional Office, 26-1, Upstairs, Municipal Shopping Complex, Opp : Kambal Tank, Rajahmundry, East Godavari District. .....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 an appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari and to call for the records of the respondent No. 1 relating to the impugned Proceedings No. AP/45/74/SRO/RJY Compliance KKD/2005/2980 dt. 26-9-2005 and consequential order No. AP/RJY/A/45/Recovery/2008 dt. 20-8-2008 and quash the same in the interest of justice and pass Counsel for the Petitioner:MR.K.SRINIVASA MURTHY Counsel for the Respondent No.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 20408 of 2008 ORDER: 1 Petitioner, which is a sick unit, approached this Court and filed the present Writ Petition questioning the proceedings of the first respondent dated 26.09.2005 and the consequential order dated 20.08.2008 as illegal. When this matter was taken up for hearing, this Court vide order dated 18.09.2008 suspended the proclamation of sale dated 20.08.2008 on condition of the petitioner depositing Rs.5,00,000/- within one week i.e. on or before 25.09.2008 and granted a further period of six weeks for payment of the balance amount. It appears, the petitioner had deposited the said amount of Rs.5,00,000/- within one week. But so far as the balance amount is concerned, it could not deposit the same and filed another W.P.M.P No.31356 of 2008 and this Court, taking a lenient view, vide its order dated 11.11.2008, extended the period for payment of the balance amount by four more weeks from that day. Despite the said indulgence the petitioner could not comply with the order and now makes a request stating that it is a sick unit and now it is closed and is not in a position to deposit the said amount. But, however, requested that if further time is granted the petitioner will deposit the balance amount. Mr. R.N. Reddy standing counsel for the first respondent opposed the same stating that so much of indulgence has already been shown on the petitioner and the petitioner does not deserve any further indulgence. 2 Payment of Rs.5,00,000/- within one week establishes the bona fides of the petitioner. Of course, the petitioner could not totally comply with the orders passed by this Court and pay the balance amount even after ten weeks. But on that score, this court is not inclined to reject the prayer of the petitioner because of its bona fides in depositing Rs.5,00,000/- within a period of one week and hence this court is of the view that the petitioner’s request can be considered. 3 Accordingly, this Writ Petition is disposed of directing the petitioner to deposit Rs.3,50,000/- on or before 24.12.2008 and the balance of Rs.3,44,684/- on or before 17.01.2009. Non compliance of any of the above conditions would entail the respondent Corporation to proceed further with the proclamation of sale etc., No order as to costs. -------------------------- SRI T.G.K, J. 10.12.2008 kvsn