IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5212 of 2009(V)
1. K.S.SHAJI, PROPRIETOR,
... Petitioner
Vs
1. ASSISTANT P.F.COMMISSIONER AND RECOVERY
... Respondent
For Petitioner :SRI.SEBASTIAN DAVIS
For Respondent :SRI.S.GOPAKUMARAN NAIR (SR.)
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :17/02/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.5212 of 2009
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Dated, this the 17th day of February, 2009
J U D G M E N T
The petitioner is the Proprietor of an establishment by name
M/s.Hindustan Sheering Works, Alappuzha, an establishment to
which the provisions of the Employees Provident Funds and
Miscellaneous Provisions Act and the Schemes framed thereunder are
applicable. He has been found liable to pay an amount of
Rs.72,371/-. He sought time for payment. But, however, that was
declined. In these circumstances, the writ petition is filed praying
that he be given four months time to discharge the liability.
2. I heard the learned standing counsel appearing for the
respondent also.
3. Having regard to the financial constraints urged by the
petitioner and also taking into account the fact that the petitioner is
not disputing the liability and wants only some time to discharge the
same, I direct that the petitioner be permitted to pay the amount in
two equal instalments, first of which shall be paid on or before
30/04/2009 and the 2nd instalment shall be paid on or before
WP(C) No.5212/2009
-2-
30/06/2009. Subject to such payment, further proceedings for
recovery of liability through coercive action against the petitioner
shall be kept in abeyance, and in case default is committed,
respondents will be free to continue action for recovery.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg