M/S Neherbs and Anr v. The Union of India and 3 Ors

ORDER

21.03.2024

¶1Heard Mr. S.K. Das, learned counsel for the petitioners. Also heard Mr. D. Dey, learned counsel for the respondents.

¶2The petitioners' case is that in terms of the installment plan, which had been proposed by the petitioner and agreed to by the respondents, the petitioners were to pay Rs.1,53,993/- per month as interest EPF dues in 25 installments. The same was accepted by the respondents, vide letter dated

09.05.2023. However, vide letter dated 09.01.2024, the installment plan made between the respondents and the petitioners (NEHERBS) was annulled. The petitioner was directed to remit all dues amounting to Rs.30,78,991/- with respect to RRC NEGHY/0003596/22/04/2021/501/35/401 dated 22.04.2021.

¶3The petitioners' counsel submits that though the respondents had taken the plea that the petitioners' cheque bearing no.075229 dated 10.06.2023 was dishonoured due to insufficiency of funds, the petitioners have now submitted cheque dated 27.02.2024, Bank Draft dated 04.03.2024 and 11.03.2024 paying Page No.# 3/3 the respondents Rs.20,89,636/- in the month of March, 2024. He accordingly prays that the petitioner may be allowed to pay the remaining balance amount of Rs.9,88,725/- as per the installment plan agreed to between the parties.

¶4Mr. D. Dey, learned counsel for the respondents admits to the fact that the petitioners have paid Rs.20,89,636/- in the month of March, 2024.

¶5Though the counsels for the parties have agreed that the petitioner may be allowed to pay the remaining balance amount in installments, they are at odds as to the number of installments to be made.

¶6On considering the above issue, this Court is of the view that the petitioner should pay the remaining balance amount in terms of the installment plan made earlier. Accordingly, the petitioner shall pay Rs.9,88,725/- in installments @Rs.1,53,993/- every month, to be paid by 7th of each month starting from April, 2023 till final payment of the entire balance amount. Consequently, the impugned letter dated 13.12.2023 and 21.12.2023 shall be kept in abeyance till final payment of the due amount is made by the petitioner. The above interim order will be vacated automatically if the above direction is not complied with by the petitioner.

¶7The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010014192024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/375/2024o M/SoNEHERBSoANDoANRo AoREGD.oPARTNERSHIPoFIRMoHAVINGoITSoOFFICEoANDoPRINCIPALoPLACEo OFoBUSINESoAToHOUISEoNO-111,oR.GoBARUAHoROAD,oGANESHGURI,o GUWAHATIoANDoREP.oBYoITSoPARTNERoDIGANTAoKUMARoADHIKARI 2:oDIGANTAoKUMARoADHIKARI oS/O-oLATEoBHAGAWANoCHANDRAoADHIKARI o R/O-NAYANPURoROAD oKALYANPUR oGANESHGURI oGUWAHATI-0o VERSUSo THEoUNIONoOFoINDIAoANDo3oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVToOFoINDIA,oMINISTRYoOFoLABOURo ANDoEMPLOYMENT,oNEWoDELHI-01 2:THEoEMPLOYEESoPROVIDENToFUNDoORGANISATION oREP.oBYoTHEoREGIONALoPROVIDENToFUNDoCOMMISSIONER o NORTHoEASToREGION oG.S.oROAD oBHANGAGARH oGUWAHATIo-o781005. 3:THEoASSISTANToPROVIDENToFUNDoCOMMISSIONERo(RECOVERY) oEMPLOYEESoPROVIDENToFUNDoORGANIZATION oGUWAHATI 4:THEoRECOVERYoOFFICER oEMPLOYEESoPROVIDENToFUNDoORGANIZATION oGUWAHATI Page No.# 2/3 G.S ROAD BHANGAGARH GUWAHATI-0 Advocate for the Petitioner : MR. S K DAS Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA