LAWS(APH)-2016-12-26

M/S. SHIVAM SMELTERS (P) LTD., PREGNAPUR VILLAGE, GAJWEL MANDAL, MEDAK DISTRICT, REP. BY ITS MANAGING DIRECTOR SRI GOVIND KUMAR Vs. THE RECOVERY OFFICER, EMPLOYEES P.F. ORGANISATION, SUB REGIONAL OFFICE, OPP. MPDO, SIDDIPET, MEDAK DISTRICT AND OTHERS

Decided On December 06, 2016
M/S. Shivam Smelters (P) Ltd., Pregnapur Village, Gajwel Mandal, Medak District, Rep. By Its Managing Director Sri Govind Kumar Appellant
V/S
The Recovery Officer, Employees P.F. Organisation, Sub Regional Office, Opp. Mpdo, Siddipet, Medak District And Others Respondents

JUDGEMENT

(1.) By invoking the Certiorari jurisdiction of this court, petitioner- M/s. Shivam Smelters (P) Limited, challenges the impugned warrant of attachment of movable property dated 03.02.2011 issued by the Recovery Officer, Employees Provident Fund Organization, first respondent, by this writ petition.

(2.) The case of the petitioner is that M/s. Shivam Smelters (P) Limited, which was established under the Companies Act, 1956, is that it was engaged in the business of casting of mild steel products. Pursuant to the advertisement issued by the Andhra Pradesh State Financial Corporation, third respondent (hereinafter referred to as, Corporation), petitioner- Company participated in the auction of the property belonging to M/s. Shree Jagannath Strips limited, a company in liquidation, and became a successful bidder for a valuable consideration of Rs.86,00,000.00 and thereby, the Corporation executed a sale deed in favour of the petitioner. It is the further case of the petitioner that it has nothing to do with the alleged liabilities of the erstwhile Company in liquidation i.e., M/s. Shree Jagannath Strips limited and the property of the petitioner, which was acquired through the public auction, cannot be attached under the impugned order.

(3.) Respondent Nos.1, 2 and 4 filed a counter affidavit and while denying the allegations made by the petitioner submits that under Sec. 17B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, (for short, the Act), petitioner is liable for the dues payable by the defaulter.