Bombay High Court
M/A. Ajara Shetkari Sahakari Sakhar ... vs Regional Provident Fund ... on 14 December, 2023
Author: A. S. Chandurkar
Bench: A. S. Chandurkar
2023:BHC-AS:38035-DB
1 31-wp-14298-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.14298 OF 2023
M/s. Ajara Shetkari Shakari Sakhar
Karkhana Ltd.
At Post Gavse, Taluka : Ajra,
District : Kolhapur ... Petitioner
Versus
Regional Provident Fund Commissioner-I
Regional Office, Kolhapur.
Office at, Bhavishya Nidhi Bhavan,
238/6, E-ward, Tarabai Park, Kolhapur,
Maharashtra ... Respondent
WITH
INTERIM APPLICATION NO.17810 OF 2023
WITH
INTERIM APPLICATION NO. 17289 OF 2023 (NOB)
Mr. M. V. Thorat for Petitioner/Applicant.
Ms. Sonali Humane for Respondent No.1.
Digitally
signed by
-----
ASHVINI
ASHVINI BAPPASAHEB
BAPPASAHEB KAKDE
KAKDE Date:
2023.12.16
CORAM : A. S. CHANDURKAR &
16:23:04
+0530 FIRDOSH P. POONIWALLA, JJ.
DATE : 14TH DECEMBER 2023
Oral Judgment (Per A. S. Chandurkar J.):-
1. Rule. Rule made returnable forthwith.
2. The challenge raised in the present Writ Petition is to the order
dated 5th December 2022 which is an order passed under Section 14(B) of
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the Employees Provident Funds and Miscellaneous Provisions Act, 1952. By
the said order the Petitioner was called upon to pay an amount of
Rs. 1,07,16,912/- towards provident fund dues. In absence of a learned
Member being available at the Employee's Provident Fund Appellate
Tribunal, the present proceedings were filed seeking stay of the aforesaid
order. During the pendency of the present proceedings notice of demand
dated 31.10.2023 came to be issued by the Respondent requiring the
Petitioner to pay an amount of Rs. 1,58,61,051/-. By moving an Interim
Application the Petitioner sought stay of the said demand. By order dated
17.11.2023 the Petitioner was directed to deposit 50% of the aforesaid
amount within a period of 15 days as a condition for staying the
implementation of the demand notice. It is submitted by the learned Counsel
for the Petitioner that the said amount has been so deposited on 8 th
December 2023. In view of the fact that the statutory appeal preferred by the
Petitioner is pending before the Appellate Tribunal, the interests of justice
would be served by passing the following order:-
A. The Appeal preferred by the Petitioner shall be considered on its
own merits and decided by the Appellate Tribunal in accordance with
law. Till the said Appeal is decided, the implementation of the order
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3 31-wp-14298-2023.doc
dated 5th December 2022 and the demand notice dated 31.10.2023
shall remain stayed in view of deposit of 50% of the amount
mentioned in the notice of demand.
B. The Writ Petition is disposed of by clarifying that all contentions
of the parties are kept open for being raised before the Appellate
Tribunal.
C. Interim Application No. 17810 of 2023 and Interim Application
No. 17289 of 2023 stand disposed of.
3. Rule is disposed of in aforesaid terms with no order as to costs.
(FIRDOSH P. POONIWALLA, J.) (A. S. CHANDURKAR, J.)
Ashvini Kakde 3 of 3
