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2025 Supreme(Online)(MAD) 10970

HIGH COURT OF MADRAS
M.DHANDAPANI, J
M/s.Aiswarya Feeds Rep. by its Managing Partner, R.Gunasekaran – Appellant
Versus
The Assistant Provident Fund Commissioner, Employees Provident Fund Organization – Respondent
W.P.No.10093 of 2025



Advocates:
For the Appellants/Petitioners: Mr.C.K.M.Appaji
For the Respondents: Mr.M.Palani Muthu for EPF

The court affirmed that installment payment requests under statutory dues can be permissible based on reasonable grounds.

Headnote:The judgment pertains to a Writ Petition filed under Article 226 of the Constitution, seeking a directive for the petitioner to remit a sum of Rs.36,43,538/- in installments as per a prior order. The court found merit in allowing the request for payment in 20 installments, starting on 7th April, 2025. The primary legal issues involved the interpretation of statutory provisions regarding payment schedules and the judicial discretion in permitting installment payments. The court determined that the request is reasonable and actionable, stipulating clear consequences for non-compliance. This Writ Petition stands disposed of, with the stipulation for installments and no costs.

O R D E R

The petitioner has filed this Writ petition seeking direction to the respondent to permit the petitioner to remit the sum of Rs.36,43,538/- in 30 equated monthly instalments in terms of order issued by respondent in No.CB/RO/SLM/Comp-I/PDC/47983/S-4/14-B-Proceeding/2024 dated

14.10.2024.

2. Mr.M.Palani Muthu, learned counsel takes notice on behalf of the respondent. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the petitioner firm is involved in Egg Trading, Manufacturing of Poultry and Cattle Feeds. It was established in the year 1994. Due to severe recession in the industry, the petitioner factory faced difficulties from the year 2018 till 2019, leading to borrowing and accumulation of interest. As a result, the petitioner failed to pay contributions from April 2015 to March 2019, prompting an inquiry under Section 7A , after which, . Thereafter, the levied amount of Rs.36,43,538/- has been paid. However, the respondent initiated another inquiry under Section 14B and an ex-parte order has been passed on 14.10.2024 levying a sum of Rs.36,43,538/- towards damages u/s.14B of the Act. Subsequently, an ex- parte order levying interest of Rs.26,85,211/- on 05.09.2024 came to be passed under Section 7Q . Seeking to permit the petitioner to remit the demand amount of Rs.36,43,538/- in 30 equated instalments, the present writ petition has been filed.

4. Though very many grounds have been raised, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondent to permit the petitioner to remit the determined amount of Rs.36,43,538/- in 30 equated monthly installments.

5. On the above said contentions, heard learned counsel appearing on behalf of the respondent and perused the materials available on record. 6. In view of the limited request made by the learned counsel for the petitioner, this Court without going into the merits of the case, permits the petitioner to remit the entire demand amount of Rs.36,43,538/- by way of Twenty (20) equated monthly installments, commencing from 7th April, 2025 and shall pay the installments on or before 7th of every succeeding English Calendar month, failing which, it is open to the respondent to initiate appropriate action against the petitioner in accordance with law.

7. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous petition is closed.

20.03.2025 rap NCC : Yes/No Index : Yes/No Speaking Order : Yes/No To:

The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Steel Plant Road, Dalavalpatti, Salem – 636 302.

M.DHANDAPANI, J.

rap

20.03.2025

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