Disposed

Khandesh College Education Societys Girls and Boys Hostel M J College Campus through Its Rector S v. the Assistant Provident Fund Commissioner Nashik

Bombay HC24 Jan 2018WP/992/2018

Case brief

AI extract

What is this about?

In a writ petition filed as an appeal under Section 7A of the EPF Act, the court ordered the petitioner to deposit a further Rs. 3 lakhs. Upon such deposit, the petitioner's account was released and no further recovery was allowed till the appeal's disposal.

What did the court decide?

Direction to deposit Rs. 3 lakhs; upon deposit, release of petitioner's account and bar on further recovery until appeal disposal.

Khandesh College Education Societys Girls and Boys… — Writ and Judicial Review | Bombay HC (2018)

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1 wp 992.18

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 992 OF 2018

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Khandesh College Education Society's Girls and Boys Hostel

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Versus

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The Assistant Provident Fund Commissioner

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.. Respondent

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Shri V. D. Hon, Senior Advocate i/b Shri A. V. Hon, Advocate for the Petitioner.

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Shri K. B. Choudhari, Advocate for Respondent / Sole.

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CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ. DATE : 24th January, 2018

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PER COURT :

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The petitioner has filed an appeal against the order passed under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. The petitioner also filed an application for stay. The application is rejected. The account of the petitioner is attached.

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Mr. Hon, learned Senior Advocate submits that the petitioner has deposited an amount of Rs. 3 Lacs 48 with the respondent. The total claim is of Rs. 12 Lacs and odd.

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2 wp 992.18

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Mr. Choudhari, learned advocate for the respondent submits that the petitioner is required to deposit the entire amount. The amount is for the benefit of the employees.

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We have considered the submissions canvassed by the learned counsel for respective parties.

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The appeal is subjudice before the Appellate Authority. The account of the petitioner is attached. As per the statement of the petitioner, the petitioner possess immovable property,

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Considering the above, we pass the following order-

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ORDER

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I] The petitioner shall deposit further amount of Rs. 3 Lacs with the respondent.

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II] On depositing of further amount of Rs. 3 Lacs, the petitioner’s account be released and no further recovery be claimed pursuant to the order under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 till the disposal of the appeal.

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The writ petition is accordingly disposed of. No costs.

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[A. M. DHAVALE, J.]

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[S. V. GANGAPURWALA, J.]

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marathe/Jan.18

Khandesh College Education Societys Girls and Boys Hostel M J College Campus through Its Rector S v. the Assistant Provident Fund Commissioner Nashik

Case brief

What is this about?

What did the court decide?

Khandesh College Education Societys Girls and Boys Hostel M J College Campus through Its Rector S v. the Assistant Provident Fund Commissioner Nashik

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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