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2014 Supreme(Online)(KER) 7580

HIGH COURT OF KERALA
K VINOD CHANDRAN, J
THANIKKUDAM BAGAWATI MILLS LTD – Appellant
Versus
REGIONAL PROVIDENT FUND COMMISSIONER    Advocate - S GOPAKUMARAN NAIR (SR ), ,S GOPAKUMARAN NAIR (SR ),SRI A RAJASIMHANSCEPF ORGANISATION – Respondent


J U D G M E N T

The petitioner is aggrieved by the continuance of the attachment made as per Ext.P3, with respect to 114.60 cents in survey No.38 (resurvey No.18/48) of Kurichikkara village, Thrissur. Admittedly, the petitioner has dues to be satisfied to the respondent Organization being the provident fund remittances, with respect to its employees. The petitioner was a Sick Industry, which had approached the Board for Industrial and Financial Reconstruction (for brevity “BIFR”)for rehabilitation and revival. A sanctioned scheme SS-11, as evidenced at Ext.P1 was promulgated by the BIFR on the recommendation of the operating agency, for revival of the industry. As is evidenced from the proceedings at Ext.P1 dated 29.09.2011, specifically by paragraph 9.15, the Bench directed release of the attachment of the properties by the respondent Organization.

2. It was also directed that the provident fund dues shall be paid as provided under the scheme. The said order was passed after hearing the respondent Organization also, who had been appearing before the BIFR. Pursuant to the scheme being sanctioned, the recovery officer under the respondent Organization had also issued Ext.P2 order date

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