MATRIMONY COM LIMITED Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) Heard Mr. S. Bazeer Ahamed, Learned Counsel for the Petitioner and Mr. T.R. Sundaram, Learned Counsel appearing for the Respondents through video conference and perused the materials placed on record, apart from the pleadings of the parties.

(2.) The Petitioner, who is aggrieved by the order No. TN/CHN/CC- 2/26/TN/50353/Enf/Regl/2015 dated 17.03.2015 passed by the First Respondent, had preferred an appeal against that order in E.P.F.A. No. 198 of 2018 under Section 7-I of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, before the Appellate Authority. According to the Learned Counsel for the Petitioner, the said appeal is posted for next hearing on 10.08.2020 and the Second Respondent without awaiting the outcome of the application for interim stay in the said appeal, is taking coercive action for recovery from the Petitioner by issuing notice No. TN/CHN-I/CC-I(Recy)/CP1/TN/50353/D-526Regl/2019 dated 19.12.2019. In that backdrop, the Petitioner has filed this Writ Petition challenging the aforesaid demand notice dated 19.12.2019 and for consequential direction to the Second Respondent not to initiate any recovery proceedings against the Petitioner till the Appellate Authority passes orders in that appeal filed by the Petitioner in E.P.F.A. No. 198 of 2018.

(3.) It is brought to the notice of this Court by the Learned Counsel for the Petitioner that in compliance of the interim order dated 08.10.2020 in W.M.P. No. 367 of 2020 passed by this Court, the Petitioner has remitted a sum of Rs.40,72,897/- to the Second Respondent on 23.01.2020 and has produced proof in that regard, which is not disputed by the Learned Counsel for the Respondents.