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2025 DAILYLAW 140885 (MAD)

M/s. Ramanathapuram District Central Cooperative Bank Limited v. The Assistant Provident Fund Commissioner

WP(MD)/14810/2025 · 2025-07-03

R Vijayakumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2025 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)Nos.14810 to 14813 of 2025 and W.M.P(MD)Nos.11110, 11113, 11111 & 11114 of 2025 W.P.(MD)No.14810 of 2025 M/s.Ramanathapuram District Central Co-operative Bank Limited, Rep. by Administrator/Joint Registrar, No.265-E, Vandikkara Street, Ramanathapuram. ...Petitioner Vs 1.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Chockikulam, Madurai - 625 002. 2.The Recovery Officer, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Chockikulam, Madurai - 625 002. ...Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned notice of attachment issued by the 2nd respondent vide RRC/No.D. 294/2024/MD/MDU4168/M-5/2025, dated 21.05.2025, and quash the same. 1/7 https://www.mhc.tn.gov.in/judis For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.Anwar Sameem Standing Counsel * * * * * W.P.(MD)No.14811 of 2025 M/s.Ramanathapuram District Central Co-operative Bank Limited, Rep. by Administrator/Joint Registrar, No.265-E, Vandikkara Street, Ramanathapuram. ...Petitioner Vs 1.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Chockikulam, Madurai - 625 002. 2.The Recovery Officer, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Chockikulam, Madurai - 625 002. ...Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned notice of attachment issued by the 2nd respondent vide RRC/No.D. 295/2024/MD/MDU4168/M-5/2025, dated 21.05.2025, and quash the same. For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.Anwar Sameem Standing Counsel * * * * * 2/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14812 of 2025 M/s.Ramanathapuram District Central Co-operative Bank Limited, Rep. by Administrator/Joint Registrar, No.265-E, Vandikkara Street, Ramanathapuram. ...Petitioner Vs 1.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Chockikulam, Madurai - 625 002. 2.The Recovery Officer, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Chockikulam, Madurai - 625 002. ...Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned notice of attachment issued by the 2nd respondent vide RRC/No.D. 296/2024/MD/MDU4168/M-5/2025, dated 21.05.2025, and quash the same. For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.Anwar Sameem Standing Counsel * * * * * 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14813 of 2025 M/s.Ramanathapuram District Central Co-operative Bank Limited, Rep. by Administrator/Joint Registrar, No.265-E, Vandikkara Street, Ramanathapuram. ...Petitioner Vs 1.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Chockikulam, Madurai - 625 002. 2.The Recovery Officer, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Chockikulam, Madurai - 625 002. ...Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned notice of attachment issued by the 2nd respondent vide RRC/No.D. 297/2024/MD/MDU4168/M-5/2025, dated 21.05.2025, and quash the same. For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.Anwar Sameem Standing Counsel * * * * * 4/7 https://www.mhc.tn.gov.in/judis COMMON ORDER These Writ Petitions have been filed by the Ramanathapuram District Central Co-operative Bank Limited challenging the order of attachment passed by the second respondent under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. 2.According to the learned Standing counsel appearing for the respondents, the petitioners have already filed their appeal before the appellate tribunal and it has been numbered. According to the learned Counsel appearing for the petitioners, the stay petitions have not yet been taken up for hearing. 3.Considering the fact that the petitioners have already availed their statutory appeal remedy, this Court is not inclined to entertain the present writ petitions. 4.The tribunal is directed to dispose of the stay application filed by the petitioners herein within a period of 2 (two) months from the date of receipt of a copy of this order. Till such time, recovery proceedings shall be kept in abeyance. 5/7 https://www.mhc.tn.gov.in/judis 5.With the above said observations, these Writ Petitions stand disposed of. No costs. Consequently, connected Writ Miscellaneous Petitions are also closed. 03.07.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 6/7 https://www.mhc.tn.gov.in/judis R.VIJAYAKUMAR , J. RJR To The Employees Provident Funds Appellate Tribunal, (Central Government Industrial Tribunal), Chennai. W.P.(MD)Nos.14810 to 14813 of 2025 and W.M.P(MD)Nos.11110, 11113, 11111 & 11114 of 2025 03.07.2025 7/7 https://www.mhc.tn.gov.in/judis