Shri Narsinha Saraswat Swami ... vs Assistant Provident Fund ...
2016 Latest Caselaw 2833 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH 




                                                                                      
                              NAGPUR.

                     WRIT    PETITION     NO.    3781    OF     2015




                                                              
    Shri Narsinha Saraswat Swami




                                                             
    Maharaj Sansthan, Karanja,
    Distt. Washim through its 
    President.                                                             PETITIONER.




                                               
                                              VERSUS


    Assistant Provident Fund 
                             
    Commissioner Akola, Office
                            
    at 15-B, Raghuraj Arcade,Civil Lines, 
    Akola, Distt. Akola.                                                   RESPONDENT.

Shri S. S. Ghate, Advocate for the petitioner.

Shri H. N. Verma, Advocate for the respondent.

                                     CORAM:     A. S. CHANDURKAR  J.
                               
                                      Dated    :   JUNE  14, 2016.





    ORAL JUDGMENT: 


                  Rule.     Heard   finally   with   consent   of   learned   counsel   for   the 

parties. The petitioner is aggrieved by the order dated 24.11.2014 passed by

the Employees Provident Fund Appellate Tribunal under Section 7(O) of the

Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (for short

the said Act) where by the petitioner was directed to deposit 40% of the total

amount determined. The subsequent order passed in the said proceedings

dated 09.09.2015 dismissing the appeal for non-compliance of the earlier

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order is also under challenge. On 21.09.2015 while issuing notice in the writ

petition the petitioner was directed to deposit 40% of the total assessment in

this Court. Pursuant thereto the petitioner has deposited an amount of Rs.

4,92,543/-.

2] Having heard the respective counsel and in view of deposit of

aforesaid amount by the petitioner pursuant to the order dated 21.09.2015,

the interests of justice would be served by passing the following order:

The amount of Rs. 4,92,543/- deposited by the petitioner in this

Court shall be treated as the amount deposited in terms of Section 7(O) of

the said Act. The order dated 09.09.2015 is therefore set aside. Consequently

Appeal No. 1225 of 2014 shall stand restored for its adjudication on merits.

The Appellate Tribunal shall decide the appeal on its own merits

and in accordance with law. The amount deposited by the petitioner in this

Court shall remain in deposit with this Court as requested by the learned

counsel for the petitioner. The same shall be subject to final outcome of the

proceedings in appeal.

The interim relief that was granted by this Court on 21.09.2015

shall continue to operate during pendency of the appeal. This arrangement is

without prejudice to the rights of the parties. Rule is made absolute in

aforesaid terms with no order as to costs.

JUDGE

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