M/S Adigear International v. Central Board Of Trustees

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12257/2015 M/S ADIGEAR INTERNATIONAL ..... Petitioner Through:

Mr. Rajiv Arora, Adv.

versus CENTRAL BOARD OF TRUSTEES ..... Respondent Through:

Mr. Keshav Mohan and Mr. Piyush Choudhary, Advs. for EPFO.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 09.02.2017 1.

The petitioner has challenged the impugned order dated 11th July, whereby the respondent has directed the petitioner to pay Rs.11,23,725/- to the respondent under Section 7Q of EPF & MP Act, 1952. 2.

The impugned order dated 11th July, 2014 neither contains any discussion on the contentions urged by learned counsel for the petitioner before this Court nor any finding in respect thereof. 3.

This court is of the view that it would be appropriate to remand the matter back to the respondent to consider the contentions urged by the petitioner and to pass a reasoned order in respect thereof. 4.

The writ petition is allowed and the impugned order dated 11th July, 2014 is set aside and the matter is remanded back to the respondent to afford an opportunity of hearing to the petitioner and pass a fresh reasoned order. The petitioner is permitted to file brief note of submissions before the respondent with respect to the contentions urged by the petitioner. 5.

The respondent shall communicate the fresh order to the petitioner.

Needless to say that if the petitioner is not satisfied with the fresh order to be passed, the petitioner would be at liberty to avail appropriate legal remedies available to the petitioner in accordance with law. 6.

This Court has not expressed any opinion on the merits of this case, which shall be considered by the respondent.

7.

Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

J.R. MIDHA, J.

FEBRUARY 09, 2017 ak