2025:KER:25432 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 12136 OF 2025 PETITIONER: MUTHOOT FINCORP LTD. REGISTERED OFFICE, MUTHOOT CENTRE, TC NO.267/3022, PUNNEN ROAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SENIOR MANAGER, BINU RAMACHANDRAN, AGED 52 YEARS, SON OF V.R. NAIR, RESIDING AT SWATHI, KMRA 4, TRIPUNITHURA, PIN – 695 001. BY ADVS. B.ASHOK SHENOY P.S.GIREESH ARJUN R NAIK UMASANKER U.U. ADITYA A. SHENOY RESPONDENTS: 1 THE CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAWAN, 14, BHIKAIJI CAMA PLACE, NEW DELHI, PIN – 110 066. 2 THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, BHAVISHYA NIDHI BHAWAN, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004. 2025:KER:25432 WP(C) NO.12136 OF 2025 2 3 THE ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAWAN, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004. SRI. P.G. JAYASHANKAR - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25432 WP(C) NO.12136 OF 2025 3 JUDGMENT The petitioner is a public limited company engaged in Non Banking Finance business. It is an establishment covered under the provisions of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (for short, ‘the Act’). By Ext.P1 order issued by the 3rd respondent, the petitioner has been directed to pay an amount of Rs.24,24,27,445/- from the amount payable by the petitioner to M/s.Muthoot Pappachan Consultancy and Management Services in the capacity of garnishee. The petitioner informed the 3rd respondent that no amounts are payable by the petitioner to M/s.Muthoot Pappachan 2025:KER:25432 WP(C) NO.12136 OF 2025 4 Consultancy and Management Services and that the petitioner cannot be considered as a garnishee. However, the 3rd respondent issued Ext.P2 proceedings declaring the petitioner as deemed defaulter under Section 8F(3) (ix) and (x) of the Act. Aggrieved by Ext.P2, the petitioner has preferred Ext.P3 representation before the 2nd respondent. The limited prayer of the petitioner is for a direction to the 2nd respondent to consider Ext.P3. 2. Heard Sri.Ashok Shenoy, the learned counsel for the petitioner and Sri.P.G.Jayashankar, the learned Standing Counsel for the respondents. 3. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to 2025:KER:25432 WP(C) NO.12136 OF 2025 5 the 2nd respondent to consider Ext.P3 in accordance with law, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of with the above direction. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:25432 WP(C) NO.12136 OF 2025 6 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 TRUE COPY OF ORDER NO. KR/TVM/16159/RECOVERY/2017-18/4483 DATED 31.08.2017 ISSUED BY 3RD RESPONDENT TO PETITIONER. EXHIBIT P2 TRUE COPY OF PROCEEDINGS NO.KR/TVM/16159/RECOVERY/2018-19/9824 DATED 28.01.2019 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 29.01.2024 SUBMITTED BY PETITIONER TO RESPONDENTS NOS.1 AND 2. EXHIBIT P4 TRUE COPY OF LETTER DATED 13.05.2024 SUBMITTED BY PETITIONER TO RESPONDENTS NOS.1 AND 2. RESPONDENTS EXHIBITS: NIL.