Banke Bihari Spices Pvt. Ltd. v. Employees Provident Fund Organization And ANR.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8803/2017 & CM Nos.35982-83/2017 BANKE BIHARI SPICES PVT. LTD.

..... Petitioner Through:

Mr. A. Maitri, Advocate versus EMPLOYEES PROVIDENT FUND ORGANIZATION AND ANR. ..... Respondents Through:

Mr. Satpal Singh, Advocates for respondent Nos.1 and 2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 02.11.2017 Heard learned counsel for the Petitioner and learned counsel for the Employees Provident Fund Organization.

Learned counsel for the petitioner submits that one of the Directors of the petitioner company filed an appeal, without authority and the approval of the petitioner. However, after addressing arguments for some time, learned counsel for the petitioner submitted that the petitioner shall avail the remedy of an appeal, as provided under Section 7(1) (i) of The Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

Learned counsel for the petitioner seeks permission to withdraw the petition and submitted that the time consumed in filing the present petition may be exempted, while considering the period of limitation.

Accordingly, the petition is dismissed as withdrawn. The pending applications are also dismissed as withdrawn. It is directed that the time consumed by the petitioner in filing the writ petition be excluded from the period of limitation while hearing the appeal, if any. Dasti.

CHANDER SHEKHAR, J NOVEMBER 02, 2017 tp