Deepak S/O P.N. Diwan vs The Regional Provident Fund ...
2021 Latest Caselaw 10309 Bom

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

                            WRIT PETITION NO. 2718 OF 2021
    (DEEPAK S/O. P.N. DIWAN...VS..REGIONAL PROVIDENT FUND COMMISSIONER-II & ANR.)

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Office Notes, Office Memoranda of Coram,                        Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                            Shri Arun S. Agrawal, Advocate for Petitioner.


                                     CORAM :        SUNIL B. SHUKRE AND
                                                    ANIL S. KILOR, JJ.

DATED : AUGUST 04, 2021.

1. Heard.

2. Learned counsel for the petitioner submits that the petitioner has learnt from his reliable sources that warrant of arrest has been issued against him by respondent No.2 for failure to pay the dues towards provident fund of employees and that too without following the due process of law, as prescribed under Section 71(1) of the Income Tax Act, 1961, which is applicable to the proceedings taken under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 by virtue of Section 8G of the Act. There is absolutely no document placed on record by the petitioner to support his contention. But, relying upon the submission made in this regard by the learned counsel for the petitioner, we direct that notice for final disposal at admission stage be issued to the respondents and we further direct that till the next date no coercive action be taken against the petitioner.

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3. The petitioner has placed his reliance upon the judgment rendered by the learned Single Judge in the case of ATV Projects India Ltd. V/s. Office of the Regional Provident Funds Commissioner, Mumbai, reported in 2005(1) Mh.L.J. 791.

4. Stand over after three weeks.

5. To be tagged along with Writ Petition No. 2647 of 2021.

(ANIL S.KILOR,J) (SUNIL B. SHUKRE,J) RRaut..