Andhra Bank v. Employees' Provident Fund Organisation & ANR.

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 237/2017 and CM No.10281/2017 ANDHRA BANK ..... Petitioner Through:

Mr.N.P.Gaur, Advocate with Ms.Anju Kumar, Law Officer, Andhra Bank.

versus EMPLOYEES' PROVIDENT FUND ORGANISATION & ANR.

..... Respondent Through:

Mr.Keshav Mohan and Mr.Peeyush, Advocates for R-1.

Mr.Shivankur Shukla,Adv for R-2.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 28.07.2017 Vide this petition the petitioner bank has sought the grant of direction seeking quashing of the impugned order dated 16.11.2016 passed by the respondent No.1, The Employees Provident Fund Organization, declaring the petitioner bank as a deemed defaulter and holding it liable to pay a sum of Rs.1,16,33,447/- to the respondent No.2 the company, i.e., Hanung Toys & Textiles Limited. On behalf of the respondent No.1, learned counsel for the respondent No.1 has submitted a copy of the letter dated 20.7.2017 of the Recovery Officer, EPFO, Noida to the effect that the amount mentioned in the recovery certificate has been recovered from the defaulting establishment M/s Hanung Toys and Textiles Ltd., Noida

following the due procedure of recovery under Section 8B to 8G of EPF & MP Act, 1952, and thus the notice declaring the bank as deemed defaulter has been withdrawn w.e.f. 20.7.2017 In view of the said submissions made and the documents placed on the record, the learned counsel for the petitioner seeks to withdraw the petition.

The petition W.P.(C) No.237/2017 and the accompanying application CM No.10281/2017 are dismissed as withdrawn. Parties are left to bear their own costs.

ANU MALHOTRA, J JULY 28, 2017/SV