Dismissed
M/S. Bochapathar Tea Estate Pvt. Ltd. v. the Secretary Cum P.F. Commissioner and 2 Ors.
Gauhati HCWP(C)/981/2020
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GAHC010032642020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/981/2020
M/S. BOCHAPATHAR TEA ESTATE PVT. LTD. HAVING REGD OFFICE, P N ROAD, DIBRUGARH, ASSAM, INDIA, PIN786001
VERSUS
THE SECRETARY CUM P.F. COMMISSIONER AND 2 ORS ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANISATION, NIDHI BHAWAN, LALMATI, N H 37, BASISTHA, GUWAHATI- 29
2:THE ASSISTANT PF COMMISSIONER/RECOVERY OFFICER ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANISATION DIBRUGARH ZONE DIBRUGARH PIN- 786003 3:SUNIL KUMAR AGARWALLA S/O- LATE RAGHUNATH AGARWALLA MANAGING DIRECTOR CHANDRABALI COMMERCIAL (I) PVT LTD 3RD FLOOR JUNCTION MALL R K B PATH DIBRUGARH VILL- CHIRING GAON WARD P.O P.S DIBRUGARH DIST- DIBRUGARH ASSAM PIN- 78600
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Advocate for the Petitioner : MR D DAS
Advocate for the Respondent : SC, ATPPF
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
01.03.2023
Mr. A. Das, learned counsel for the petitioner has submitted that the subject-matter of the writ petition has become infructuous in view of withdrawal of Proclamation of Sale dated 17.01.2020 and Auction Sale Notice dated 18.01.2020 in respect of Recovery Certificate no. [i] PF/Recovery/2017/E-023/6660-62 dated 16.09.2017 of Nandanban T.E.[E-023], [ii] PF/Recovery/2017/E-089/6663-65 dated 16.09.2017 of Kailashpur T.E.[E-089], and [iii] PF/Recovery/2017/E-023/6666-68 dated 16.09.2017 of Bochapathar T.E.[E-286].
Mr. R. Sarma, learned Standing Counsel, Assam Tea Employees Provident Fund Organization [ATEPFO] has also endorsed the submission of Mr. Das, learned counsel for the petitioner and has produced a copy of the paper publication dated 19.02.2023 whereby the Proclamation of Sale dated 17.01.2020 and Auction Sale Notice dated 18.01.2020 were recalled.
In view of the above submissions of the learned counsel for the parties, the writ petition stands dismissed as infructuous.
JUDGE
Comparing Assistant
M/S. Bochapathar Tea Estate Pvt. Ltd.
The Secretary Cum P.F. Commissioner And Ors Assam Tea Employees Provident Fund Organisation
Manish Choudhury
As recorded by the court registry
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