Chandan Tech Solutions Pvt Ltd v. Regional Provident Fund Commissioner Ii

902-wp5038-2024.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5038 OF 2024 Chandan Tech Solutions Pvt. Ltd.

... Petitioner V/s.

Regional Provident Fund Commissioner-II, Pune ... Respondent Digitally signed by ATUL GANESH KULKARNI Date:

2024.04.05 12:58:41 +0530 ATUL GANESH KULKARNI Ms. Samiksha Kanani with Ms. Prasanna Pawar for the petitioner.

Mr. Rakesh Sawant for the respondent.

CORAM :AMIT BORKAR, J.

DATED :APRIL 4, 2024 P.C.:

1.

The impugned orders passed under Sections 7A and 7B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 requires petitioner to deposit amount of Rs.52,17,096/-. The application filed by the petitioner under Section 7B of the said Act was also rejected by order dated 27 December 2023. 2.

According to the learned advocate for the petitioner, the petitioner has deposited 56% of the dues. However, on perusal of the order passed under Section 7A, it appears that the Authority has directed the petitioner to pay Rs.52,17,096/-. Section 7O of the said Act requires the appellant to deposit 75% of the amount calculated under Section 7A. Though there is provision of waiver;

902-wp5038-2024.doc however, considering the facts of the case the petitioner needs to deposit 50% of the amount. Hence, the petitioner shall deposit 50% of Rs.52,17,096/- within four weeks from today. 3.

On failure of the petitioner to deposit 50% of Rs.52,17,096/- within the stipulated time, the writ petition shall stand dismissed without further reference to the Court.

4.

If the petitioner deposits 50% of Rs.52,17,096/- within the stipulated time, order passed under Section 7A shall remain stayed till the Appellate Authority decides either the interim application or the appeal on merits.

5.

With this clarification, the writ petition stands disposed of. No costs.

(AMIT BORKAR, J.)