The petitioner, who is a private limited Company running a garment manufacturing Unit, defaulted contribution to the 1st respondent and is before this Court challenging the recovery proceedings initiated therein. The liability and the default is admitted and the only prayer is for instalments. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of on the following terms:- (i) The petitioner shall produce a certified copy of this judgment before the 1st respondent within two weeks of receipt of the same.
(ii) On the petitioner remitting an amount of Rs.1,00,000/-, the attachment in the bank account shall be withdrawn.
(iii) The 1st respondent shall then quantify the amounts due and inform the petitioner in writing the amounts due as on 31.10.2014.
WPC.26316/2014 : 2 :
(iv) The 1st respondent shall grant twelve monthly instalments for the payment of the dues, starting from 10.11.2014.
(v) Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default.
(vi) On the petitioner making two consecutive defaults, the recovery steps initiated shall revive and continue.
(vii) On the 12th instalment being satisfied, the respondent shall issue a statement of the interest accrued which shall be satisfied by the petitioner on the 11th of the succeeding month.
(viii) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.
Writ Petition is disposed of as above, making it clear that the respondent will be free to proceed with the recovery if the above conditions are not complied with.
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(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge