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2021 Supreme(Online)(KER) 44229
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 31ST DAY OF AUGUST 2021 / 9TH BHADRA, 1943 WP(C) NO. 17453 OF 2021 PETITIONER:
BPL TELECOM PVT. LTD., P.B.NO.50, CHANDRA NAGAR, PALAKKAD 678 001, KERALA, REP.BY ITS AUTHORIZED SIGNATORY SH. VEERARAGHAVAN R.V.
BY ADVS.
M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN RESPONDENTS:
1 EMPLOYEES' PROVIDENT FUND ORGANISATION REP.BY THE ASSISTANT PROVIDENT FUND COMMISSIONER, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, P.B. NO.1806, ERANHIPALAM (PO), KOZHIKODE 673 006
2 ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, P.B. NO.1806, ERANHIPALAM (PO), KOZHIKODE 673 006
3 UCO BANK REP.BY ITS BRANCH MANAGER, MARKET ROAD, PALAKKAD
678 001, KERALA.
BY Dr.ABRAHAM P.MEACHINKARA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
['M GOPIKRISHNAN NAMBIAR', '', 'K JOHN MATHAI', 'JOSON MANAVALAN', 'KURYAN THOMAS', 'PAULOSE C ABRAHAM', 'RAJA KANNAN']
JUDGMENT
Dated this the 31st day of August, 2021 Petitioner challenges Ext.P5 order of attachment dated 16.8.2021 issued by the 2nd respondent. As per the said order of attachment, the 2nd respondent has caused to attach the bank account and fixed deposits held in the name of the petitioner at the UCO Bank, Market Road Branch, Palakkad.
2. Learned counsel for the petitioner submits that due to the impugned order, the attempt to revive the petitioner's functioning has been completely stalled and petitioner will not be able to repay the amounts, if such attachment continues. In support of his contention that petitioner has been continuing to repay the amounts due, learned counsel has invited my attention to the instalments already paid by the petitioner from 2018 till 2019 and further submits that if instalment facility is granted to the petitioner to repay the amount, the same would be carried out without default.
3. Dr.Abraham P. Meachinkara, learned Standing Counsel, on instructions submit that defaulted amounts have not been repaid by the petitioner for the last more than two years and that was the reason why the attachment was effected.
4. Having heard the learned counsel for the petitioner as well as the respondents, I am of the view that the attachment of the bank account would practically stifle all attempts of the petitioner to repay the amounts due to the 2nd respondent. Having regard to the repayments made by the petitioner, as evident from Ext.P2, I am of the view that some indulgence can be shown to the petitioner in the matter of repayment of the amounts due as per Ext.P5. Since the attachment of the bank account would completely interfere with the functioning of the petitioner, it is necessary that the same is not enforced so as to enable the petitioner to repay the amounts fixed therein, in instalments.
5. Accordingly, the petitioner is directed to repay the amount of Rs.23,71,674/- stipulated in Ext.P1 in 12 equal monthly instalments, the first of which shall commence from 10.9.2021. In order to enable the petitioner to repay the aforesaid amounts as directed above, Ext.P5 shall be kept in abeyance for a period of 12 months from today. Needless to say, in the event of default of any one instalment by the petitioner, the benefit under this judgment shall not enure to the petitioner.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS JUDGE vps APPENDIX OF WP(C) 17453/2021 PETITIONER'S/S' EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 11.6.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER UNDER SECTION 7A OF THE EPF ACT.
Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED
21.1.2020 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT EPFO Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED
3.11.2020 ISSUED BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED
24.11.2020 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE ORDER OF ATTACHMENT DATED 16.8.2021 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
