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the writ petition, this Court passed an interim order on 31.08.2017, granting a stay on condition that the petitioner pays an amount of Rs.28,43,943/- (Rupees twenty eight lakhs forty three thousand nine hundred and forty three only) within a month. The petitioner contends that he had paid Rs.28,61,452/- (Rupees twenty eight lakhs sixty one thousand four hundred and fifty two only) before
30.09.2017 and had actually complied with the terms of the interim order.
5. This Court found that there is a shortage of Rs.21,000/- the interim order was vacated by order dated 17.03.2021. Later, the petitioner filed I.A.No.3/2025, again seeking a stay when a demand for the same period was raised again pending the writ petition. WP(C) No.29257 of 2017 -4- Thereafter, this Court passed an order on 07.03.2025, staying all further proceedings pursuant to Ext.P10 on the condition that the petitioner remits Rs.7.5 lakhs within ten days. It is submitted by both sides that the said amount has been paid and the order has been complied with.
6. Taking note of the fact that the petitioner has made substantial payments towards the liability fixed under Ext.P2 and that he has raised contentions regarding non-examination of the relevant documents before passing Ext.P2, I am inclined to dispose of the writ petition permitting the petitioner to avail the statutory remedy against Ext.P2 within a month from today. If the statutory remedy is availed within a month from today, the appeal shall be disposed of within four months from the date of receipt of the appeal from the petitioner. The time spent in prosecuting this writ petition from 31.08.2017 shall be excluded to compute the period of limitation. If an appeal is filed within the time granted by this Court, the same shall be considered on merits, and orders shall be passed in WP(C) No.29257 of 2017 -5- accordance with law. The recovery action by the respondents will stand stayed till the culmination of the appeal as directed above. Needless to say, the amounts remitted by the petitioner under the interim orders passed by this Court will be subject to the final orders to be passed in the appeal. Sd/- MOHAMMED NIAS C.P. JUDGE WP(C) No.29257 of 2017 -6- APPENDIX OF WP(C) 29257/2017 PETITIONER'S EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 THE TRUE COPY OF THE INSPECTION REPORT NO. KR/KLM/12455/EO (SQUAD0 2017 DATED 03/05/2017 ISSUED BY THE 3RD RESPONDENT. THE TRUE COPY OF THE ORDER NO. KR/KLM/12455/ENF(4)/2017 DATED 25/05/2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. THE TRUE COPY OF THE LETTER NO. COORD./4(6)2003/CLARIFICATION/VOL.III DATED 02/12/2011 ISSUED BY THE 1ST RESPONDENT. THE TRUE COPY OF THE DETAILS SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. THE TRUE COPY OF THE REMITTANCE DETAILS WITH DATE AND THE AMOUNT BY THE PETITIONER FOR THE PERIOD FROM FEBRUARY 1991 TO NOVEMBER 2016 TO THE RESPONDENTS. THE TRUE COPY OF THE DEMAND NOTICE NO:KR/KLM/12455/RECOVERY CELL/2021 DATED 24.02.2021 ISSUED BY THE 2ND RESPONDENT. THE TRUE COPY OF THE CHELLAN DATED 7/09/2017 UPLOADED BY THE PETITIONER IN RESPECT OF THE WAGES FOR THE MONTH OF THE TRUE COPY OF THE CHELLAN DATED 8/09/2017 UPLOADED BY THE PETITIONER IN RESPECT OF THE WAGES FOR THE MONTH OF WP(C) No.29257 of 2017 -7- Exhibit P9 Exhibit P10 Exhibit P11 THE TRUE COPY OF THE DEMAND NOTICE NO:KR/KLM/12455/RECOVERY CELL/2024 DATED 20/02/2025 ISSUED BY THE RECOVERY OFFICER ATTACHED TO THE OFFICE OF THE RESPONDENTS FOR RECOVERY OF RS.38,31,243 TOWARDS THE LIABILITY COVERED IN EXT.P6 THE TRUE COPY OF THE ORDER NO.KRKLM0012455000/RECOVERY CELL/2025 DATED 06/03/2025 ISSUED BY THE RECOVERY OFFICER ATTACHED TO THE OFFICE OF THE RESPONDENTS THE TRUE COPY OF THE NOTICE NO.MLA/EPF/2025 DATED 06/03/2025 ISSUED BY THE MANAGER, FEDERAL BANK, KUNDARA BRANCH RESPONDENTS' EXHIBITS EXHIBIT R2(A) EXHIBIT R2(B) TRUE COPY OF THE REPORT OF THE ENFORCEMENT OFFICER AND LIST OF 25 EMPLOYEES. TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT UNDER SECTION 7A OF THE ACT. EXHIBIT R2(C) TRUE COPY OF THE INSPECTION PROFORMA ALONG WITH FORM 12A & IR. EXHIBIT R2(D) TRUE COPY OF THE LETTER DATED 31.07.2017 OF THE PETITIONER ESTABLISHMENT. EXHIBIT R2(E) TRUE COPY OF STATEMENT CONTAINING THE DETAILS OF REMITTANCES MADE BY THE PETITIONER.
the writ petition, this Court passed an interim order on 31.08.2017, granting a stay on condition that the petitioner pays an amount of Rs.28,43,943/- (Rupees twenty eight lakhs forty three thousand nine hundred and forty three only) within a month. The petitioner contends that he had paid Rs.28,61,452/- (Rupees twenty eight lakhs sixty one thousand four hundred and fifty two only) before
30.09.2017 and had actually complied with the terms of the interim order.
5. This Court found that there is a shortage of Rs.21,000/- the interim order was vacated by order dated 17.03.2021. Later, the petitioner filed I.A.No.3/2025, again seeking a stay when a demand for the same period was raised again pending the writ petition. WP(C) No.29257 of 2017 -4- Thereafter, this Court passed an order on 07.03.2025, staying all further proceedings pursuant to Ext.P10 on the condition that the petitioner remits Rs.7.5 lakhs within ten days. It is submitted by both sides that the said amount has been paid and the order has been complied with.
6. Taking note of the fact that the petitioner has made substantial payments towards the liability fixed under Ext.P2 and that he has raised contentions regarding non-examination of the relevant documents before passing Ext.P2, I am inclined to dispose of the writ petition permitting the petitioner to avail the statutory remedy against Ext.P2 within a month from today. If the statutory remedy is availed within a month from today, the appeal shall be disposed of within four months from the date of receipt of the appeal from the petitioner. The time spent in prosecuting this writ petition from 31.08.2017 shall be excluded to compute the period of limitation. If an appeal is filed within the time granted by this Court, the same shall be considered on merits, and orders shall be passed in WP(C) No.29257 of 2017 -5- accordance with law. The recovery action by the respondents will stand stayed till the culmination of the appeal as directed above. Needless to say, the amounts remitted by the petitioner under the interim orders passed by this Court will be subject to the final orders to be passed in the appeal. Sd/- MOHAMMED NIAS C.P. JUDGE WP(C) No.29257 of 2017 -6- APPENDIX OF WP(C) 29257/2017 PETITIONER'S EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 THE TRUE COPY OF THE INSPECTION REPORT NO. KR/KLM/12455/EO (SQUAD0 2017 DATED 03/05/2017 ISSUED BY THE 3RD RESPONDENT. THE TRUE COPY OF THE ORDER NO. KR/KLM/12455/ENF(4)/2017 DATED 25/05/2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. THE TRUE COPY OF THE LETTER NO. COORD./4(6)2003/CLARIFICATION/VOL.III DATED 02/12/2011 ISSUED BY THE 1ST RESPONDENT. THE TRUE COPY OF THE DETAILS SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. THE TRUE COPY OF THE REMITTANCE DETAILS WITH DATE AND THE AMOUNT BY THE PETITIONER FOR THE PERIOD FROM FEBRUARY 1991 TO NOVEMBER 2016 TO THE RESPONDENTS. THE TRUE COPY OF THE DEMAND NOTICE NO:KR/KLM/12455/RECOVERY CELL/2021 DATED 24.02.2021 ISSUED BY THE 2ND RESPONDENT. THE TRUE COPY OF THE CHELLAN DATED 7/09/2017 UPLOADED BY THE PETITIONER IN RESPECT OF THE WAGES FOR THE MONTH OF THE TRUE COPY OF THE CHELLAN DATED 8/09/2017 UPLOADED BY THE PETITIONER IN RESPECT OF THE WAGES FOR THE MONTH OF WP(C) No.29257 of 2017 -7- Exhibit P9 Exhibit P10 Exhibit P11 THE TRUE COPY OF THE DEMAND NOTICE NO:KR/KLM/12455/RECOVERY CELL/2024 DATED 20/02/2025 ISSUED BY THE RECOVERY OFFICER ATTACHED TO THE OFFICE OF THE RESPONDENTS FOR RECOVERY OF RS.38,31,243 TOWARDS THE LIABILITY COVERED IN EXT.P6 THE TRUE COPY OF THE ORDER NO.KRKLM0012455000/RECOVERY CELL/2025 DATED 06/03/2025 ISSUED BY THE RECOVERY OFFICER ATTACHED TO THE OFFICE OF THE RESPONDENTS THE TRUE COPY OF THE NOTICE NO.MLA/EPF/2025 DATED 06/03/2025 ISSUED BY THE MANAGER, FEDERAL BANK, KUNDARA BRANCH RESPONDENTS' EXHIBITS EXHIBIT R2(A) EXHIBIT R2(B) TRUE COPY OF THE REPORT OF THE ENFORCEMENT OFFICER AND LIST OF 25 EMPLOYEES. TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT UNDER SECTION 7A OF THE ACT. EXHIBIT R2(C) TRUE COPY OF THE INSPECTION PROFORMA ALONG WITH FORM 12A & IR. EXHIBIT R2(D) TRUE COPY OF THE LETTER DATED 31.07.2017 OF THE PETITIONER ESTABLISHMENT. EXHIBIT R2(E) TRUE COPY OF STATEMENT CONTAINING THE DETAILS OF REMITTANCES MADE BY THE PETITIONER.