M/S. Sonu Enterprise v. the Union of India and 4 Ors.

Gauhati HC1 Jun 2025WP(C)/4301/2017

Case brief

AI extract

What is this about?

Gauhati High Court 2025; WP(C)/4301/2017; Sonu Enterprise v. Union of India; EPF recovery; prohibitory order under Section 8F, Employees' Provident Fund & Miscellaneous Provision Act, 1952; Axis Bank Itanagar Branch letter 05.05.2025 (Annexure-X); Demand Draft no. 021791 dated 13-05-2025; Rs. 11,92,999/-; Regional Provident Fund Commissioner Guwahati; writ petition closed as nothing left to adjudicate; Justice Michael Zothankhuma.

What did the court decide?

The writ petition was closed without further adjudication, as the provident fund dues were reported paid by the petitioner and recovered through the Bank per Annexure-X. ¶¶30

M/S. Sonu Enterprise Vs the Union of India and 4 Ors. — Gauhati HC (2025) — LawSathi Research

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GAHC010238902017

2025:GAU-AS:7069

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/4301/2017

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M/S. SONU ENTERPRISE

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A PROPRIETORSHIP FIRM OF ITS SOLE PROPRIETOR, SRI TAI TAJIK, C- SECTOR, ITANAGAR, PAPUMPARE DISTRICT, ARUNACHAL PRADESH, REP. BY ITS ATTORNEY HOLDER KAZI MOTIUR RAHMAN, C-SECTOR, ITANAGAR, PAPUMPARE DISTRICT, ARUNACHAL PRADESH

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VERSUS

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THE UNION OF INDIA and 4 ORS.

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REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT, NEW DELHI-110001

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2:THE CENTRAL PROVIDENT FUND COMMISSIONER EMPLOYEES' PROVIDENT ORGANIZATION BHAVISHYA NIDHI BHAVAN NEW DELHI-110066

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3:THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION BHANGAGARH GHY-781005

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4:THE ASSISTANT PROVIDENT FUND COMMISSIONER and AUTHORIZED OFFICER EMPLOYEES PROVIDENT FUDN ORGANIZATION BHANGAGARH GHY-781005 DIST. KAMRUP M ASSAM

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5:THE RECOVERY OFFICER EMPLOYEES PROVIDENT FUND ORGANIZATION

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BHANGAGARH GHY- 78100

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Advocate for the Petitioner : MR.R SARMA, MR K BISWAKARMA,MS B DEVI,MR. S P CHOUDHURY

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Advocate for the Respondent : ASSTT.S.G.I., MS. M DUTTA (R-2 TO 5),MR A CHAKRABORTY (R-2 TO 5),MR. P K ROY (R-2 TO 5),MR. S K CHAKRABORT (R-2 TO 5)Y,MR.C K S BARUAH ,C.G.C.

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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02.06.2025

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Mr. R. Sarma, learned counsel for the petitioner submits that that the provident fund dues have been paid by the petitioner.

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On the other hand, Mr. P.K. Roy, learned counsel for the respondent Nos.25 submits that the provident fund dues had been recovered from the petitioner through the Bank and in this respect, he has submitted a letter dated 05.05.2025 issued by the Branch Head, Axis Bank Limited, Itanagar Branch, which states as follows:-

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“Reg.: Prohibitory Order under section 8F of the Employees' Provident Fund & Miscellaneous Provision Act, 1952-reg-PAN AECPT1019C

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Ref.: NEGHY/5094/Recovery/18 Dated - 06/05/2025

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Dear Sir/Madam,

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With regards to the above and in reference to you letter, we are hereby issuing Demand Draft no. 021791 dated 13-05-2025 amounting Rs. 11,92,999/- in favour of the Regional Provident Fund Commissioner, Guwahati" from the account of Mr. Tai Tajik, proprietor of M/S Sonu Enterprise bearing PAN No. AECPT1019C against the recovery notice.”

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The letter dated 05.05.2025 issued by the Branch Head, Axis Bank Limited, Itanagar Branch is made a part of the record and marked as Annexure-X.

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In view of the submissions made by the counsels for the parties and in terms of Annexure-X, the writ petition stands closed, as there is nothing left to adjudicate in this case.

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JUDGE

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Comparing Assistant

M/S. Sonu Enterprise v. the Union of India and 4 Ors.

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M/S. Sonu Enterprise v. the Union of India and 4 Ors.

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