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2001 Supreme(AP) 861

Y.V.NARAYANA
SARVARAYA TEXTILES LIMITED, KAKINADA – Appellant
Versus
Commissioner, Employees Provident Fund Commission, Hyderabad – Respondent


Y. V. NARAYANA, J.

( 1 ) THE petitioner is a public limited company and has invoked Article 226 of the constitution of India questioning the order of attachment in Notice No. AP/vp/recy/ 2814/2001/240, dated 5-7-2001 issued under Sections 8-B read with 8-G of the employees Provident Funds and miscellaneous Provisions Act, 1952 (for short the EPF Act ) and seeking for a declaration that the order appointing a receiver for the petitioner s business in notice No. AP/vp/recy/2814/241, dated 5-7-2001 issued under Sections 8-B read with 8-G of the EPF Act as illegal and arbitrary.

( 2 ) THE factual matrix leading to filing of the present Writ Petition is set out hereunder: The petitioner-Company on account of various factors, which are not germane to the Writ Petition has run into financial problem whereby the net worth of the petitioner-Company has eroded substantially and the petitioner has been declared as a sick industrial company under the provisions of Sick Industrial Companies (Special Provisions) Act, 1985 (Act 1 of 1986) (for short SICA, 1986 ). The petitioner- company, under the provisions of the EPF act is liable to file monthly returns and also pay the Employees contributions
















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