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Patna High CourtCWJC/13552/2017withdrawn

Sitamarhi Zila Khadi Gramodhyog Sangh v. The Regional Provident Fund Commissioner Ii And ANR

2019-01-29Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13552 of 2017 ====================================================== Sitamarhi Zila Khadi Gramodhyog Sangh, HO-Dhwaja Ashram, PS-Sitamarhi (Sadar), District-Sitamarhi-843302 through its Secretary Ram Ballabh Rai Son of Late Rambriksh Rai, Resident of Sitamarhi Zila Khadi Gramodhyog Sangh, Head Office (Campus), Dhwaja Ashram, P.S.- Sitamarhi Sadar, District- Sitamarhi- 843302.

... ... Petitioner/s

Versus

1. The Regional Provident Fund Commissioner-II, Employees' Provident Fund Organization, Sub-Regional Office, Surya Complex, Laxmi Chowk, Muzaffarpur- 842001 (Bihar).

2. The Assistant Provident Fund Commissioner-cum-Recovery Officer, Employees Provident Fund Organization, Sub-Regional Office, Surya Complex, Laxmi Chowk, Muzaffarpur-842001 (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Respondent/s :

M/s Prashant Sinha and Rohan Verma, Advs.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-01-2019 Heard the parties.

The learned counsel for the petitioner submits that as the Presiding Officer of appellate forum was not available on that ground the present writ application has been filed and now the Appellate Authority is functioning so he should be given liberty to withdraw this application to enable him to file an appeal before the Appellate Authority.

In view of statement made at Bar, this application is permitted to be withdrawn with liberty to the petitioner, he may file an appeal within sixty days from today. If such application is filed, The Appellate Authority while considering the question

Patna High Court CWJC No.13552 of 2017(2) dt.29-01-2019 2/2 of limitation will take into consideration the pendency of this case before this Court and pass order in accordance with law. This order has been passed in presence of the learned counsel for the Employees Provident Fund Organization. (Shivaji Pandey, J) mkchy/- U