Illuminati Education Forum through Its Director Vs the Regional Provident Fund Commissioner II — Bombay HC (2025) — LawSathi Research

Illuminati Education Forum through Its Director Vs the Regional Provident Fund Commissioner II — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without interference, on condition that the petitioner deposits the amount in three tranches (35% within two weeks; 35% on or before 31.03.2025; remaining 30% by end of April 2025) pursuant to the impugned order, files an affidavit-cum-undertaking within one week, whereupon the respondent shall not proceed with the matter till 30.04.2025 and the attached account shall be released; on any default, the authorities are at liberty to proceed against the petitioner.

Issue for consideration

Whether the Court should interfere with the order dated 16.01.2025 passed by the Regional Provident Fund Commissioner-II/Recovery Officer, Aurangabad under Section 8F(3)(i) of the Employees' Provident Funds and Miscellaneous Provisions Act, challenged by the petitioner.

Court's answer

The Court is not inclined to interfere with the writ petition at this stage.

Ratio / Principle

The petitioner shall deposit 35% of the amount within two weeks from the date of the order, and a further 35% on or before 31.03.2025.

Key takeaways

The remaining 30% of the amount shall be deposited by the end of April 2025 pursuant to the impugned order.ratio¶17
The petitioner shall file an affidavit within one week confirming the deposit schedule, which shall be treated as an undertaking given to the Court.ratio¶17
Subject to compliance with the deposit undertaking, the respondent shall not proceed with the matter till 30.04.2025; in case of any default, the authorities are at liberty to proceed against the petitioner.

Detailed headnote1 paragraphs

Bombay High Court (Bench at Aurangabad), Kishore C. Sant, J. — Writ Petition No. 1709 of 2025 filed by Illuminati Education Forum (through its Director Deepak Govind Kothari), challenging the order dated 16.01.2025 passed by the Regional Provident Fund Commissioner-II/Recovery Officer, EPFO Regional Office, Aurangabad under Section 8F(3)(i) of the Employees' Provident Funds and Miscellaneous Provisions Act, stood disposed of without interference. The petitioner was permitted to deposit the amount in three tranches — 35% within two weeks, a further 35% on or before 31.03.2025, and the remaining 30% by the end of April 2025 — pursuant to the impugned order, filing an affidavit within one week to be treated as an undertaking to the Court. Subject to compliance, the respondent was directed not to proceed with the matter till 30.04.2025 and the attached account was to be released; in case of default, the authorities were left at liberty to proceed against the petitioner.

2025:BHC-AUG:3409

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

WRIT PETITION NO. 1709 OF 2025

Illuminati Education Forum Through Its Director Deepak Govind Kothari .. Petitioner

Versus

The Regional Provident Fund Commissioner II/Recovery Officer, Aurangabad .. Respondent

Mr. S. V. Adwant, Advocate for the Petitioner. Mr. Nitin K. Chaudhari, Advocate for Respondent.

CORAM : KISHORE C. SANT, J. DATED : 05^th FEBRUARY, 2025.

P. C. :-

. The petitioner challenges the order passed by the learned Regional Provident Fund Commissioner–II/ Recovery Officer, EPFO Regional Office, Aurangabad dated 16.01.2025 under Section 8F (3) (i) of the Employees’ Provident Funds and Miscellaneous Provisions Act invoking various other provisions.

This Court is not inclined to interfere with the writ petition. However, at this stage the learned advocate for the petitioner submits that, the petitioner would deposit 70% of the amount, out of which, 35% within a period of two (02) weeks from today. Further 35% of the amount would be deposited on or before 31.03.2025. Remaining 30% of the amount would be deposited by the end of April 2025.

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A request is vehemently opposed by the learned advocate for respondent. He submits that, in fact, the writ petition itself is not maintainable.

This Court, at this stage feels that, since the petitioner is ready to deposit the amount and since indulgence sought is only as prayed for while making oral submissions, this Court is inclined to pass the following order.

The petitioner shall deposit 35% of the amount within a period of two (02) weeks from today. Further 35% of the amount shall be deposited on or before 31.03.2025. The remaining 30% of the amount shall be deposited by the end of April 2025 pursuant to the impugned order. The petitioner shall file an affidavit to that effect within a period of one (01) week from today which shall be treated as an undertaking given to this Court. Subject to the same, the respondent shall not proceed with the matter till 30.04.2025. In case, there is any default, the authorities are at liberty to proceed against the petitioner. For that purpose, the account attached shall be released by the authorities.

With this, the writ petition stands disposed of.

( KISHORE C. SANT, J. )

P.S.B.

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