M/S.Kerala Tilery vs The Enforcement Officer on 29 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26037 of 2008(Y)


1. M/S.KERALA TILERY, FEROKE, KOZHIKKODE.
                      ...  Petitioner
2. KUNJU MOIDEENKUTTY, MANAGING PARTNER,

                        Vs



1. THE ENFORCEMENT OFFICER,
                       ...       Respondent

2. THE REGIONAL PROVIDENT FUND

3. THE STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.P.R.RAMACHANDRA MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :29/08/2008

 O R D E R
                          R. BASANT, J.
            -------------------------------------------------
                 W.P.(c)No. 26037 of 2008-Y
            -------------------------------------------------
          Dated this the 29th day of August, 2008

                            JUDGMENT

The petitioners face indictment for offences punishable

under the Employees’ Provident Funds and Miscellaneous

Provisions Act. According to the petitioners, attempts are

being made to clear off the entire liability including principal

amount, interest and damages imposed. There is an

understanding/ agreement that the amount must be paid by

December, 2008 and if such payment is made, the prosecutions

shall be withdrawn by the complainant. The petitioners have

been granted time till December, 2008 to make the payment.

But, in the meantime, these cases which have been filed as

early as in 2005 are being posted for trial.

2. The short prayer of the learned counsel for the

petitioners, which prayer is endorsed by the learned counsel

W.P.(c)No. 26037 of 2008-Y
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for the respondents, is that time may be given till December,

2008 to clear off the balance amount and enable the respondents

to withdraw the prosecutions.

3. Notwithstanding the fact that the prosecutions have

been pending from 2005, I am satisfied, in the light of the

submissions made by both counsel, that the court below can be

directed to adjourn the trial of the cases to any date in January,

2009. In the meantime, the needful shall be done by the

petitioners and the respondents to ensure that the cases are

withdrawn and are brought to premature termination.

4. This writ petition is dismissed as agreed.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge

W.P.(c)No. 26037 of 2008-Y
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