IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23266 of 2010(G)
1. M/S.HOSPITAL DEVELOPMENT SOCIETY,
... Petitioner
Vs
1. THE ASSISTANT PROVIDENT FUND
... Respondent
2. THE EMPLOYEES PROVIDENT FUND
For Petitioner :SRI.M.SASINDRAN
For Respondent :SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F.
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :03/08/2010
O R D E R
P.R. RAMACHANDRA MENON J.
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W.P. (C) No. 23266 of 2010
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Dated, this the 3rd day of August, 2010
JUDGMENT
The petitioner is stated as aggrieved of the coercive steps taken
by the respondents by way of ‘garnishee proceedings’, causing the
bank account of the petitioner to be frozen in spite of the pendency of
the statutory appeal preferred against Ext. P2 order passed by the first
respondent. The learned counsel for the petitioner submits that, Ext.P3
appeal filed by the petitioner is pending and has boarded for hearing
listed on 10.08.2010, as informed to the petitioner vide notice dated
6.7.2010. Without any regard to the this, the first respondent is
proceeding against the petitioner, by way of ‘Garnishee Proceedings’;
which intimation has been served to the petitioner by the concerned
bankers, vide Ext. P4 produced along with I.A. No. 10791 of 2010.
2. Heard the learned counsel appearing for the first respondent
as well.
3. Considering the fact that the statutory appeal (Ext. P3) has
already been posted for hearing on 10.8.2010, it is directed to be
considered and disposed of in accordance with law, as expeditiously as
possible. Further coercive proceedings shall be kept in abeyance, till
W.P. (C) No. 23266 of 2010
: 2 :
appropriate orders are passed by the second respondent/appellate
authority, in the Appeal or in the I.A. for stay, if any, as the case may
be.
The Writ Petition is disposed of.
P. R. RAMACHANDRA MENON, JUDGE
kmd