Disposed

M/S Adarsh Developers v. the Assistant Provident Fund Commissioner

Karnataka HC4 Dec 2024WP/6736/2024

Case brief

AI extract

What is this about?

Partnership firm challenged coercive execution of a Section 14B damages order and attachment pending its EPF Tribunal appeal. The court disposed of the petition as an alternate statutory remedy had been availed, continuing the interim order until the Tribunal considers interim relief.

What did the court decide?

Writ petition disposed of; interim order dated 05.03.2024 to continue till consideration of interim relief by the EPF Tribunal.

M/S Adarsh Developers Vs the Assistant… — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC:49915 WP No. 6736 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 6736 OF 2024 (L-PF)

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BETWEEN:

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M/S. ADARSH DEVELOPERS A PARTNERSHIP FIRM, NO.2/4, LANGFORD GARDENS, RICHMOND TOWN, BENGALURU-560 025. REPRESENTED BY ITS SRI.RAMANJANEYA, S/O SRI.KARIYANNA, AGED ABOUT 56 YEARS.

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…PETITIONER

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(BY SRI. SATISH.G.A., ADVOCATE)

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AND:

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Digitally signed by THEJASKUMAR N Location: High Court of Karnataka

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THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, BANGALORE (CENTRAL), BHAVISHYA NIDHI BHAVAN, NO.13, RAJARAM MOHAN ROY ROAD, BENGALURU-560 025.

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…RESPONDENT

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(BY SMT. SANDHYA JAMADAGNI., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

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2 - NC: 2024:KHC:49915 WP No. 6736 of 2024

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ORAL ORDER

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Sri.Satish.G.A., counsel for the petitioner has appeared in person.

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The captioned Writ Petition is filed seeking a Writ of Mandamus directing the Respondent Authority to not to take any coercive steps in executing and implementing Section 14B order in No.BG/BNG/RO(Central)/COMP-1A/15439/202324/717 dated 29.11.2023 levying damages vide Annexure-A and 8F Order of Attachment bearing No.BG/BNG/RO(Central)/ PD/15439/2023-24/474 dated 22.02.2024 vide Annexure-B till the disposal of the statutory appeal filed before EPF Appellate Tribunal, Bengaluru in Appeal No.08/2024.

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Heard the arguments and perused the Writ papers with care.

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Counsel for the petitioner submits that the petitioner has filed an appeal before the EPF Appellate Tribunal and CGIT, Bengaluru in Appeal No.08/2024 and the petitioner has also sought for interim relief. Counsel therefore, submits that an appropriate order may be passed.

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NC: 2024:KHC:49915 WP No. 6736 of 2024

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Taking note of the fact that the petitioner has availed the alternate and efficacious statutory remedy by filing an appeal before the EPF Tribunal, nothing survives for consideration in the captioned Writ Petition. Hence, the Writ Petition is disposed of .

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It is made clear that the interim order granted by this Court on 05.03.2024 shall continue to operate till the consideration of the interim relief by the Tribunal.

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Sd/(JYOTI MULIMANI) JUDGE

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TKN List No.: 1 Sl No.: 32

M/S Adarsh Developers v. the Assistant Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

M/S Adarsh Developers v. the Assistant Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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