Tops Detective & Security Services Ltd. v. Employees Provident Fund Organization & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8078/2016 TOPS DETECTIVE & SECURITY SERVICES LTD...... Petitioner Through: Mr.Rajiv Shukla and Mr.Shubham Saxena, Advocates.

versus EMPLOYEES PROVIDENT FUND ORGANIZATION & ANR ..... Respondents Through: Mr.Tejaswi Kumar Pradhan, Advocate for EPFO

CORAM:

HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 13.02.2018 CM APPL. 40933/2017 1.

On 07.09.2017 this Court has ordered that no coercive action would be taken against the petitioner subject to deposit of 50% of amount in terms of the order dated 02.01.2012 with the EPFO, Nasik within a period of two weeks.

2.

Despite this order the respondent had issued a recovery notice dated 15.09.2017 under Section 8-F of the Employees' Provident Fund & Misc. Provisions Act, 1952. The petitioner seeks quashing of the said notice and time to deposit the amount.

On behalf of the respondent reply has been filed. It is submitted that this notice was issued inadvertently by them and they have issued a letter of revocation dated 17.11.2017. Since the attachment order has been revoked nothing survives in the prayer to recall

notice under Section 8-F of the Act.

The learned counsel for the petitioner submits that due to attachment they could not deposit the amount in terms of the order dated 07.09.2017. He seeks more time to comply with the said order. 3.

In the circumstances, the amount as directed by order dated 07.09.2017 be deposited by the petitioner within four weeks and subject to such deposit, no coercive steps shall be taken against the petitioner. 4.

Application is disposed of accordingly.

VINOD GOEL, J.

FEBRUARY 13, 2018 dkb