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M/s. Vishwa Vani v. Union of India

Court: High Court for State of Telangana

Bench: SUREPALLI NANDA

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2024-01-08. M/s. Vishwa Vani v. Union of India. Read the judgment and case details on LawSphereX.

Judgment text

I32s2l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO:545 OF 2O24 Between: M/s. Vishwa Vani, A Society registered in accordance with the provisions of . 17971 the. Societie-s_ Registration Act, 1860. vide Regn. No. S of 19g7, Havinq its Head Office situated at 1-10-281241, An-andapuram, ECIL, Kushaiguda] Hyderabad -. 82, Rep.. by B J S Sundariah, S/o. Laie B. Adam, aged abo-ut 62 years, R/o. Hyderabad. ... PETITIONER AND 1. Union of lndia, Rep. by its Secretary, Minlstry of Labour & Employment, New Delhi. 2 Employees Provident Fund Organization, Rep, by its Central p. F. Commissioner, Head Office, a[Bhavishya NiiJhi Bhawan, 14, Bhikaiji Cama Place, New Delhi - 110 066 3 Employees Provident Fund Organization, Rep. by its Regional p. F. Commissioner - l, Regional, 3--4- 763, Barkaihpdra, Hyderabad- 27 .

4 Employees Provident Fund Organization, Rep. by its Assistant p. F. Commissioner (PD- l), Regionat Office, Hyderabid- I 3- 4- 763, Barkathpura, Hyderabd- 27. 5 The State Bank of lndia, Represented by its Chairman State Bank Bhavan 16th Floor, Madam Cema Road Mumbai - 40O 021 6 The Branch Manager, State Bank of India, Plot No. 526, Opp. S. V. Nagar Bus Stop, Keesara Mandal, Nagaram, Hyderabad Telangana - SbOOea. 7 The Branchj\Ianager, State Bank of lndia, Lalaguda Branch, 12-0i-3'tBt2, Marrideep, Tarnaka, Secunderabad- 17 8. The General Manager, State Bank of lndia, Station Road, New Town Branch, Mahbubnagar, Telangana- 50900 1 ...

RESPONDENTS Petition under A(icle 226 of the Constitution of lndia praying that in ttre circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or drrection, preferably one in the nature of Writ of Mandamus declaring the action of the 4th Respondent EPF authority issued prohibitory orders vide Proceeding No. TS/RO/HYD-II 1 4B&7Q|216O1lENF-C-1/ T-212O23, Dt. 20-12-2023 under section 8F of the EPF and MP Act, to the Respondent bank 6 to 8 to seize the accounts of the petitioner society, whlch in i. e.. 1) A/c. No. 39222297 O25, turn seized bank accounts of the petitioner society Branch Code 951; 3) Aic No' branch code: 2254;2) A/c. No. 36538774228, Code: 34137373146, Branch Code: 11068; 4) A/c No' 36530037456, Branch 7487;5') A/c. No. 37908265567, Branch Code: 20362; 6) A/c. No 10243576460' A/c No Branch Code: 7112 7) A/c. No. 37744793341 , Branch Code: 20333; 8) Branch Code: 39583105772, Branch Code: 0016t1; 9) A/c. No.

42505922658, without 7112, as communicated to the petitioner by the 7th respondent bank, affording any opportunity or notice to the petitioner and without conducting any enquiry, as being illegal, arbitrary, contrary to law, violate of principles of natural justice, violative of Articles 14 & 1 I of the constitution of lndia as well as '1952 provisions of Employees Provident Fund and Miscellaneous Provisions Act, and set aside the same and consequently, direct the respondent Nos. 3 & 4 to forthwith direct the respondents No. 5 to 8 to raise the seizure of the said accounts of the petitioner society and any other account linked to the said PAN No AAATV3480F. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 3 & 4 to forthwith direct the Respondents 5 to 8 to raise the seizure bank accounts of the petitioner society i. e. , 1) A/c. No.

39222297025' Branch code: 2254:2) A/c. No. 36538774228, Branch Code: 951; 3) A/c. No. 34'137373146, Branch Code: 11068; a) A/c. No 36530037456, Branch Code: 7487:5) A,/c. No. 37908265567, Branch Code: 20362; 6) A/c. No. 10243576460' Branch Code: 71'12;7) A/c. No. 37744793341 , Branch Code: 20333; 8) A"/c. No. 39583105772, Branch Code: 00 1611; 9) A/c. No. 42505922658, Branch Code: 7112, and any other bank account linked to PAN No. AAATV3480F by suspending the operation of the proceedangs of the 4th Respondent vide Proceeding No. TS/RO/HYD- ll148 & 7Ql216O1|ENF-C-1fi-212023' Dt' 20-12-2023 under section 8F of the EPF and MP Act, pending disposal of the above writ petition. Counsel for the Petitioner: SRI P. VENUGOPAL, SR. COUNSEL REPRESENTING FOR M/S. MYKALA TITUS FINNY Counset for the Respondent No. l : SRI G. VENKATESWARLU, SC FOR CENTRAL GOVERNMENT Counsel for the Respondent No. 2 to 4: SRI T. SASI KUMAR Counsel for the Respondent No.

S to 8: - - - - The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETI oNNo. 45 oF2 o24 ORDER: Heard Mr'P. Venugopal, learned senior counsel appearing on behalf of petitioner and Mr'G'Venkateswarlu, learned Standing Counset for Central Government, appearing on behalf of respondent No'1 and also heard Mr. T. Sasi Kumar, tearned Counsel appearing on behalf of respondent Nos. 2 to 4. 2 The petitioner approached the Court seeking the prayer as follows: "For all the reasons stated above, it is therefore prayed that this Hon'ble Court may be pleased to issue preferably one in the nature b Writ, Order or direction, the action of the 4th of Writ of Mandamus declaring prohibitory orders Respondent EPF authority issued vide Proceeding No.

TS & 70/2L60t /RO/HYD-I/148 ot:oz-12-2023 under section 8F of /ENF-C-L|T-2/iozl Respondent bank 6 to 8 to the EPF and MP Act, to the petitioner society, which in seize the accounts of the the petitioner society i'e', turn seized bank accounts of code: 2254; 2) AlC 1) A/C No. 39222297025, branch Code: 951; 3) A/C No' No. 36538774228, Branch 34137373L46, Branch Code: 11068; 4) AIC No' 36530037456, Branch Code: 7487; 5)A/C Code: 20362;6)A/C No' No. 37908265567, Branch 7tlz', No' L0243576460, Branch Code: 7)AlC Code: 2o333; B)A/c 37744793341, Branch 9) AIC No. 39583105772, Eranch Code 001611; Branch Code 7Ll2i q? No. 42505922658, " the petitioner by the 7rh communicated to I I' 1_ . I respondent.

" bank, without affording any opportunity or notice to the petitioner and without conducting any enquiry, as being illegal, arbitrary, contrary to law, violate of principles of natural justice, violative of Articles 14 & 19 of the Constitution of India as well as provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952 and set aside the same and consequently, direct the respondent Nos. 3 & 4 to forthwith direct the respondents No. 5 to B to raise the seizure of the said accounts of the petitioner society and any other account linked to the said pAN No. A/AATV3480F and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. " 3. It is the specific case of the petitioner that, in compliance of the orders of this Court dated 18. 08. 2022 passed in WP. No.

32605 ot 2022 the petitioner herein had made all the payments in favour of the Regional Provident Fund Commissioner, Hyderabad, but however, the Order impugned No. TS/RO/HYD-I/l4B&7Q/2L60UENF-C-1/T- 2/2023, Dated 20. 12. 2023 had been passed calling upon the petitioner to pay an amount ol Rs,3,42,7O,673/- and it is the speciFic contention of the petitioner that, the order Impugned dated 20. L2. 2023 had been passed without issuing notice to the petitioner herein. 4. On the other hand the learned counsel appearing on behalf of respondents would submit that through the letter rs. /Ro/ HYD-[/2 160 1 / C-r/T -2/ 2023-24, dated 20. O9. 2023 Z', the petitioner was informed about the passing of the Impugned orders under Section 148 and 7Q before CGIT. 5. At this stage, the learned Senior counsel, appearing on behalf of petitioner would further submit that the petitioner is ready and willing to clear the due amount of Rs.

3,42,70,673l- to the respondents in an equated monthly instalments and the Counsel further represents that the said submission may also be brought on record. Learned counsel appearing on behalf of respondent Nos. 2 to 4 does not oppose the said submission made by the learned Senior counsel appearing on behalf of the petitioner. 6. Taking into consideration the above submission of the Iearned counsel for the petitioner, this Court is inctined to grant reasonable time to the petitioner to deposit the said amount in equated monthly instalments. 7. Taking into consideration the earlier orders of this Court dated 18. 08. 2022 passed in W'P. No. 32605 of 2022 in respect of the same petitioner herein, the Writ petition is disposed of granting Nine (09) Equated Monthly Instalments I to the petitioner to clear outstanding balance a,rfrnt or I Rs. 3,42,7O,673l- and th€ petitioner shall pay the said amount on or before 15th of every month starting from February, 2024.

If the petitioner fails to pay the said amount within the aforesaid stipulated time, liberty is granted to the respondent authorities to take steps, in accordance with law. 8. Taking into consideration the above observations, respondent Nos. 3 and 4 are directed to forthwith direct respondents 5 to 8 to defreeze the bank accounts of the petitioner society in respondent Nos. g 5 to banks viz. , l) A/C No. 39222297025, branch code: 2254; 2 ) Al C No. 36538774228, Branch Code: 951; 3) AlC No. 34L37373146, Branch Code: 11068; 4) A/C No. 36530037456, Branch Code: 7487; 5) A/C No. :2908265567, Branch Code : 20362; 6)A/C No. LO243576460, Branch Code: 7LL2;7)A/C No. 37744793341, Branch Code: 20333; B)A/c No. 39583105772, Branch Code 001611; 9)A/C No. 42505922658, Branch Code : 7112. However, in the circumstances of the case, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. SD/-A. V. S.

PRASAD ASSISTANT REGTS,TRAR /TTRUE COPY// SECTION OFFICER To, Union of lndia' New and Employment' 1 The Secretary, Ministry of Labour 2 h'Ibr"u,'pt. 9erri.. -'i1l"ir. #rJ:I:? :6"r],lXii[#porlE:. r(3lf B. rhr N Head Office, at BhavishYa - 110 066. ) 3. The Regional P. F. Commissioner - l, Employees Provident Fund 27 . Organiz:tion, Regional, 3- 4- 763, Barkathpura, Hydenbad- (PD- Fund +. The Assistant P. F. Commissioner l), Employees Provident Organization, Regional Office, Hyderabad- I 3- 4- 763, Barkathpura, . --'1 Hyderabad- 27. 5. The Chairman, The State Bank of lndia, State Bank Bhavan 16th Floor' Madam Cema Road Mumbai - 4OO 02'l Opp S 6. The Branch Manager, State Bank of lndia, Plot No 526, ^V ^Nagar Bus Stop, Keesari Mandal, Nagaram, Hyderabad Telangana ;^50^W8^3.. ^. ^ z. The Brahbh Manager, State Baik of lndii, Lalaguda Branch, 12- 05- 35lBl2, Marrideep, Tarnaka, Secunderabad- 1 7 8.

The Genbial Manager, State Bank of lndia' Station Road, New Town Branch, Mahbubnagar, Telangana- 509001 9. One CC to-M/s. MYKALA TITUS FINNY, Advocate [oPUC] '10. One CC to SRI T. SASI KUMAR, Advocate [OPUC] Ti. ONE CC tO SRI G, VENKATESWARLU, SCFOR CENTRAL GOVERNMENT loPUCl l2. Two CD Copies BN BS \ ) CC TODAY HIGH COURT DATED:08t01t2024 I I lStrA rG: ORDER q 7 ) o JAN ? 02{ a WP. No. S45 1[ of 2024 t) . 2! + + I D o PA{ DISPOSING OF THE WRIT PETITTON WTHOUT COSTS xs t

Source: High Court for State of Telangana. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.