Amrit Kumar Agrawal vs The Regional Provident Fund ...
2021 Latest Caselaw 10053 Bom

                                                                                        1
                                                                           wp2647.2021.odt

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


                               WRIT PETITION NO.2647/2021

                                 Amrit Kumar Agrawal
                                              ..Vs..
   The Regional Provident Fund Commissioner-II, Nagpur and another
 ------------------------------------------------------------------------------------------------
 Office Notes, Office Memoranda of                           Court's or Judge's Order
 Coram, appearances, Court's Orders
 or directions and Registrar's order
                  Shri Arun Agrawal, Advocate for the petitioner.


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

DATED :- 30.7.2021.

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 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.

wp2647.2021.odt

2. 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.

                               JUDGE                                     JUDGE




 Tambaskar.