Court No. - 18

Case :- WRIT - C No. - 18513 of 2021

Petitioner :- Ramveer Gupta

Respondent :- Regional Provient Fund Commissioner And Another

Counsel for Petitioner :- Sudarshan Singh

Hon'ble Ajay Bhanot,J.

Heard Sri Sudarshan Singh, learned counsel for the

petitioner and Sri Udit Chandra, learned counsel for

the respondents.

The petitioner is a Government contractor and he

could not deposit the money towards his contribution

in the Employees' Provident Fund Scheme. The

respondent No.2-Recovery Officer, Employees'

Provident Fund, issued a recovery notice dated

13.04.2021 against the petitioner.

Sri Udit Chandra, learned counsel for the respondents

submits that the total amount of P.F. due from the

petitioner is Rs.61,582/-.

Sri Sudarshan Singh, learned counsel for the petitioner

does not dispute the aforesaid liability under the

Employees' Provident Fund Orginization (EPFO).

The only prayer made by Sri Sudarshan Singh, learned

counsel for the petitioner is that the petitioner may be

granted time to deposit the aforesaid amount in

instalments as he faced downturn in business due to

Covid-19 pandemic.

Sri Udit Chandra, learned counsel for the respondents

does not have any serious objection to the aforesaid

prayer. He, however, submits that the petitioner should

prove his bona-fide and ability to pay by depositing

some amount within 30 days.

Before proceeding to consider the prayer granting

instalment, the petitioner has to establish his bona-fide.

He has to show that not only he is ready but also in a

position to clear off the entire dues.

In view of the submissions made by learned counsel at

the bar, the recovery proceedings against the petitioner

shall remain stayed subject to the following

conditions:

1. The petitioner shall deposit a sum of Rs.9,582/-

within a period of one month from today before the

respondents. Rest of the amount shall be deposited in

four equal two monthly instalments.

2. The first instalment amounting to Rs.13,000/- shall

be deposited by the petitioner on 1st, January, 2022.

Second instalment amounting to Rs.13,000/- shall be

deposited by the petitioner on 1st March, 2022. Third

instalment amount to Rs.13,000/- shall be deposited by

the petitioner on 1st May, 2022 and the last instalment

amounting to Rs.13,000/- shall be deposited by the

petitioner on 1st July, 2022.

3. Before the last installment i.e. 1st July, 2022, the

respondents shall issue a chart indicating updated

accrued interest payable by the petitioner.

4. The amount of interest, so provided to the petitioner

by the respondents, shall be deposited by the petitioner

along with the last installment of Rs.13,000/- on 1st

July, 2022.

The recovery proceedings against the petitioner shall

remain stayed provided the above mentioned

directions are complied with by the petitioner.

It is made it clear that in case violation of above

directions or in the event of default in payment of any

of the instalments as directed aforesaid, this order shall

stand automatically vacated without recourse to this

Court. The respondents will be at liberty in such

situation to initiate recovery proceedings in

accordance with law.

It is further provided that in case the entire amount is

deposited in the manner aforesaid, the recovery

charges against the petitioner shall be dropped.

The writ petition is finally disposed of.

Order Date :- 31.8.2021

Ashish Tripathi