M/S. Hotel Tondoor Watika Kinni, ... vs Assistant Provident Fund ...
2017 Latest Caselaw 1778 Bom

 Judgment                                                 1                                  wp938.16.odt




                  
                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                               NAGPUR BENCH, NAGPUR.



                               WRIT PETITION NO. 938 OF 2016


 M/s. Hotel Tandoor Watika,
 Kinni, Arni Road, Distt. 
 Yavatmal, through its Proprietor
 Shri Vilin Vasantrao Ingalekar,
 aged about 40 yrs., R/o. Anand
 Nagar, Umarsara, Yavatmal. 
                                                                              ....  PETITIONER.


                                           //  VERSUS //


 Assistant Provident Fund Commissioner,
 Sub-Regional Office, 15-B, Raghuraj Arcade,
 Civil Lines, Akola - 444 001. 
                                                                           .... RESPONDENTS
                                                                                         . 

  ___________________________________________________________________
 Shri A.S.Dhore, Advocate for Petitioner. 
 Shri Hitesh N. Verma, Advocate for Respondent.
 ___________________________________________________________________

                              CORAM : Z.A.HAQ, J.

DATED : APRIL 17, 2017.

After arguing for some time, the learned advocate for the

petitioner seeks permission to amend the petition to incorporate the

challenge to the order passed by the respondent on 31st October, 2013.

The permission as sought, granted.

  Judgment                                             2                                  wp938.16.odt




 ORAL JUDGMENT : 


 1.               Heard. 



 2.               RULE. Rule made returnable forthwith. 

  

3. The submission on behalf of the petitioner is that he had received

notice dated 24th January, 2013 after which he attended the office of the

respondent on 21st February, 2013 and submitted his written reply and then

neither further date was given or informed to the petitioner nor any notice

was sent to the petitioner and order was passed on 31st October, 2013,

saddling the liability of Rs.9,85,593/- towards provident fund contribution

for the period from 11th January, 2008 till January, 2012. The petitioner's

case is that after getting knowledge of the above order it filed the review

application which is dismissed by the order passed on 30th October, 2015.

The petitioner contends that the review application is decided without giving

any notice and granting hearing to the petitioner.

4. The learned advocate for the respondent, relying on the

judgment given by this Court in the case of M/s. Aniket College of Social Work

vs. Assistant Provident Fund Commissioner, in Writ Petition No. 2493 of 2003

on 8th December, 2003, has submitted that when the review application is to

be dismissed, the review applicant need not be given notice and need not be

granted hearing. In the present case, though the respondent claims that

Judgment 3 wp938.16.odt

several notices were issued to the petitioner and they are acknowledged also,

the petitioner disputes the signature on the acknowledgment and as the

disputed questions of fact are involved, the proprietor of the petitioner was

asked whether he is willing to deposit Rs.10,00,000/- with the respondent to

show his boanfides.

The learned advocate for the petitioner, on instructions from the

proprietor of the petitioner, submitted that the petitioner will deposit

Rs.10,00,000/- with the respondent till 15th June, 2017.

5. Accepting the assurance given on behalf of the petitioner and to

grant opportunity to the petitioner to put-forth its case, following order is

passed to sub-serve the ends of justice:

                  i)       The impugned orders are set aside.



                  ii)      The matter is remitted to the Assistant Provident Fund 

Commissioner, Akola for deciding it afresh.

iii) This order is passed on the assurance given on behalf of

the petitioner that an amount of Rs.10,00,000/- will be

deposited with the Assistant Provident Fund Commissioner,

Akola till 15th June, 2017.

  Judgment                                               4                                  wp938.16.odt




                  iv)      If the amount is not deposited within stipulated time this 

judgment shall stand recalled and the respondent shall recover

the amount as per the impugned orders and take further

proceedings according to law.

v) If the amount is deposited within stipulated time the

proprietor of the petitioner shall appear before Assistant

Provident Fund Commissioner, Akola on 15th June, 2017 and

the Assistant Provident Fund Commissioner shall proceed with

the matter according to law and after hearing the petitioner,

dispose the matter till 29th July, 2017.

Rule is made absolute in the above terms. In the circumstances,

the parties to bear their own costs.

JUDGE

RRaut..