Disposed

M/S Panorama Enterprises v. the Regional Provident Fund Commissioner

Karnataka HC9 Aug 2024WP/11438/2024

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging attachment orders for unpaid PF contributions. Court allowed an interim stay on further proceedings pending Tribunal stay application, directing payment of remaining deficit within four weeks.

What did the court decide?

Petitioner directed to deposit Rs 3,00,000 within four weeks to prevent further proceedings; writ petition disposed of.

M/S Panorama Enterprises Vs the Regional… — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC:31921 WP No. 11438 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 11438 OF 2024 (L-PF)

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BETWEEN:

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M/S PANORAMA ENTERPRISES, (REG.) (PROPERITORY CONCERN) NO. 186/4, 2ND FLOOR, J.C. COMPLEX, SIRUR ROAD, SESHADRIPURAM, BENGALURU-560 020,

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REPRESENTED BY ITS PROPRIETOR, SRI. B. HEMASUNDAR REDDY.

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…PETITIONER

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(BY SRI. KIRAN GOWDA M.,ADVOCATE FOR; SRI. PRASANNA KUMAR R S.,ADVOCATE)

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AND:

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Digitally signed by SUMA B N Location: High Court of Karnataka

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THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, NO. 13, RAJA RAM MOHAN ROY ROAD, BENGALURU-560 025.

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…RESPONDENT

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(BY SRI. B PRAMOD.,ADVOCATE)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO DROP THE FURTHER PROCEEDINGS IN RESPECT OF ORDER DTD. 23.06.2023 PASSED BY THE RESPONDENT VIDE ORDER NO. BG/BNG/RO/MWM/PD/2C/19706/2023-24/192 AND BG/BNG/RO/MWM/PD/2C/19706/2023-24/193 VIDE ANNX-A AND B AND CONSEQUENTLY ISSUE THE WRIT OF CERTIORARI TO QUASH THE ORDER OF ATTACHMENT ORDER DATED. 21.03.2024 HAVING NO. BG/BNG/RO/MWM/PD/2C/19706/

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NC: 2024:KHC:31921 WP No. 11438 of 2024

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2023-24/1273 AND NO. BG/BNG/RO/MWM/PD/2C/19706/202324/1274 VIDE ANNX-C AND D AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Learned counsel for the petitioner submits that the petitioner is before this Court aggrieved by the order dated 23.06.2023 passed by the respondent under Section 14(B) of the Employees' Provident Funds and Miscellaneous Act, 1952 (for short 'Act of 1952'), calling upon the petitioner to pay a sum of Rs.4,00,060/- and a sum of Rs.5,79,716 under Section 7(Q) of the Act of 1952.

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Learned counsel for the petitioner submits that an appeal in this regard has already filed before Central Government Industrial Tribunal in Appeal No.40/2023. He further submits that a sum of Rs.2,00,000/- against the demands so made is already been deposited and since there is no regular sitting of the Tribunal, seeks for interim protection, till the consideration of application for stay by the Tribunal.

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NC: 2024:KHC:31921 WP No. 11438 of 2024

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Learned counsel appearing for respondent submits that the account of the petitioner has already been seized and another account under lien on the said amount.

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In that view of the matter, if the petitioner has already deposited Rs.2,00,000/-, he shall deposit further sum of Rs.3,00,000/- within a period of four weeks.

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Respondent-Authority shall not precipitate the matter subject to petitioner depositing the amount as directed by this Court, until disposal of the application for interim order by the Tribunal.

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With the above observations, the writ petition is disposed of .

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Sd/(M.G.S. KAMAL) JUDGE

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PHM

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List No.: 1 Sl No.: 43

M/S Panorama Enterprises v. the Regional Provident Fund Commissioner

Case brief

What is this about?

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M/S Panorama Enterprises v. the Regional Provident Fund Commissioner

Case brief

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