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High Court of DelhiW.P.(C)/4371/2017

M/S Tirupati Fibres & Industries Ltd. v. Union Of India & ORS

2025-03-06Hon'Ble Mr. Justice Girish Kathpalia2 pages

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4371/2017 M/S TIRUPATI FIBRES & INDUSTRIES LTD. .....Petitioner Through:

Ms. Purti Gupta, Advocate versus UNION OF INDIA & ORS .....Respondents Through:

Mr. Rishabh Sahu and Mr. Sameer Sharma, Advocates for R-1 Mr. Satpal Singh, Advocate for R-2 &

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 06.03.2025 [Physical Hearing/Hybrid Hearing (as per request)] 1.

The petitioner has assailed order dated 25.04.2017 passed by the competent authority under the Employees' Provident Funds and Miscellaneous Provisions Act whereby representation dated 16.07.2015 of the petitioner for waiver of damages under Section 14B of the Act was dismissed.

2.

After addressing partly, learned counsel for petitioner seeks permission to withdraw this petition with liberty to file the statutory appeal under Section 7-I of the Act. Learned counsel for petitioner submits that since the outstanding provident fund with interest already stood deposited, the remaining issue being only about the damages, the petitioner be protected from coercive action till their stay application is heard by the appellate authority.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/03/2025 at 14:39:17

3.

In view of above circumstances, the petition is dismissed as withdrawn with liberty as sought. The statutory appeal with stay application shall be filed not later than two weeks from today and till the stay application is heard by the appellate authority, no coercive action shall be taken against the petitioner. However, if no appeal and/or stay application is filed within two weeks from today, the respondents shall be at liberty to act according to law.

GIRISH KATHPALIA, J MARCH 6, 2025/rk Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/03/2025 at 14:39:17