2025:KER:29611 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 14251 OF 2025 PETITIONER: M/S. N. M SALIM & ASSOCIATES NIKARTHIL TOWERS, BY-PASS ROAD, PUTHIYARA CALICUT, KERALA, REPRESENTED BY PROPRIETOR N M SALIM, AGED 76 YEARS S/O. NIKARTHIL MOHAMED ALI PIN – 673 004. BY ADVS. K.I.ABDUL RASHEED DEEPA SASIDHARAN RESPONDENTS: 1 ASSISTANT PROVIDENT FUND COMMISSIONER (COMPLIANCE) REGIONAL OFFICE, KOZHIKODE, PIN – 673 006. 2 THE BRANCH MANAGER ICICI BANK, KALLAI ROAD BRANCH, PARCO COMPLEX, KALLAI ROAD, KOZHIKODE, PIN – 673 002. DR.ABRAHAM P. MEACHINKARA - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29611 WP(C) NO.14251 OF 2025 2 JUDGMENT The petitioner is an establishment covered under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short, ‘the Act’). Ext.P3 is the proceedings issued by the 1st respondent imposing damages under Section 14B of the Act. Since the petitioner defaulted payment of the amount covered by Ext.P3, the 1st respondent issued Ext.P4 order of attachment under Section 8F of the Act, and directing the 2nd respondent to deduct and remit the amount due from the petitioner's account to the Provident Fund Organisation. Challenging Exts.P3 and P4, the petitioner has filed this writ petition. 2025:KER:29611 WP(C) NO.14251 OF 2025 3 2. Heard the learned counsel for the petitioner, Dr.Abraham P.Meachinkara, the learned Standing Counsel for the 1st respondent and Sri.Lal K.Joseph, the learned counsel for the 2nd respondent. 3. The learned counsel for the petitioner submits that the proprietor of the petitioner establishment is bed ridden and is in financial constraints and the petitioner may be permitted to pay the amount mentioned in Ext.P4 in easy installments. 4. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the petitioner to pay the amount covered by Ext.P4 in twelve equal monthly installments 2025:KER:29611 WP(C) NO.14251 OF 2025 4 commencing from 07.04.2025. On payment of the first installment, the attachment ordered in Ext.P4 shall stand lifted. 5. In case the petitioner defaults payment of installments as aforesaid, it will be open to the 1st respondent to proceed against the petitioner in accordance with law. The writ petition is disposed of with the above direction. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:29611 WP(C) NO.14251 OF 2025 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 10-05-2024 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED BY DR. K A SALAM MD,BM, SENIOR CONSULTANT NEUROLOGIST, BABY MEMORIAL HOSPITAL, CALICUT DATED 31-07-2023. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 17-07-2024 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 17-03-2025 ISSUED BY THE 1ST RESPONDENT. RESPONDENT EXHIBITS: NIL.