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2022 Supreme(Mad) 1213

MUNISHWAR NATH BHANDARI, D. BHARATHA CHAKRAVARTHY
R. Karunanithi – Appellant
Versus
Regional PF Commissioner-II & Recovery Officer, Employees’ Provident, Coimbatore – Respondent


Advocates appeared:
For the Appellant:AR.L. Sundaresan, Senior Counsel for M/s. AL. Gandhimathi, Advocate. For the Respondents:R1, R. Meenakshi, R2, Arunkumar, Advocates.

JUDGMENT

(Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 28.01.2022 passed in W.P.No.186 of 2021 on the file of this Court.)

Munishwar Nath Bhandari, CJ.

1. By this writ appeal, a challenge is made to the judgment dated 28.01.2022 whereby the writ petition preferred by the appellant was dismissed.

2. The writ petition was filed challenging the initiation of recovery proceedings by the Employees’ Provident Fund towards the arrears of provident fund contribution due from the second respondent, M/s.Park Trust. The challenge was made in view of the fact that the writ appellant had preferred a suit for specific performance in respect of the property through which recovery proceedings of the arrears was sought to be made.

3. During the pendency of the suit, the Provident Fund organisation initiated the recovery proceedings against M/s.Park Trust and for that, now they are going to auction the property in question in the Civil Court. By an interim order in the writ petition, the Writ Court directed the writ appellant to deposit a sum of Rs.52,40,000/-. The direction aforesaid was carried by the writ appellant, but finally the writ petition was dismissed thou

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