- (1.) ISSUE notice to the respondent Nos. 1, 2 and 3 by registered post as well as by ordinary process directing them to appear and submit as to why this writ application' should not be admitted and if possible the same should not be allowed at the stage of admission itself. The requisites must be filed by the petitioner within one week.
(2.) LEARNED counsel for the petitioner explains that petitioner's establishment is a sick unit and the matter is pending before the B.F.I.R. Since the respondents had proceeded to take coercive steps for realization of the amount demanded as interest under Section -7Q of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 and the respondents have also issued a notice for freezing the bank account of the petitioner, the petitioner had earlier filed a writ application vide W.P. (S) 1731 of 2006 against order of the respondents. This Court in the aforesaid writ application had passed an order directing that no coercive steps shall be taken against the officials of the petitioner's establishment. Learned counsel submits further that in spite of above order and in spite of the fact that according to the order of the B.F.I.R., the petitioner has been allowed to avail facility of payment of dues in 36 monthly installments to liquidate its outstanding dues, and further, despite the fact that the petitioner has paid the regular installment till the 21st installment, yet without considering the whole facts, the respondent No. 2 namely the Regional Provident Fund Commissioner -II has again issued a letter whereby realization of the amount and even attachment. of the bank account of the petitioner, has been directed. Learned counsel explains further that the respondent NO.2 by directing the bank to transfer the entire amount lying in the petitioner's bank account by pay order in favour of the respondents and in compliance of such order, the entire amount in the bank account of the petitioner has been transferred to .the respondents leaving the petitioner with no money in account whatsoever. Under such circumstances, the cheques which the petitioner had issued in favour of the respondent in respect of the 21st installment cannot be honoured and the petitioner is being threatened with penal action on account of the dishonour of the cheques issued to them. Learned counsel for the petitioner prays that till the appearance of the respondents, the petitioner certainly needs to be protected by an order of restraint against the respondents. Considering the facts and circumstances as submitted by the learned counsel for the petitioner, till the appearance of the respondents, no coercive steps shall be taken against the officials of the petitioner's establishment. ;