Rbi Bank Limited v. Union Of India , Through The Joint Secretary And ORS.

515-wp-7596.2017.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7596 OF 2017 RBL Bank Limited ... Petitioner

Versus

Union of India and Ors.

... Respondents Mr.J.P. Cama, Senior Advocate a/w Mr. Sandesh Shukla and Amit Singh i/by Santosh Sawant for the petitioner. Mr.Suresh Kumar a/w Mr.H.V. Mehta for the respondents. CORAM : SHANTANU KEMKAR & M.S. SONAK, JJ.

DATED : JULY 07, 2017.

P.C.

Not on board. Taken on production board in view of the urgency. 2.

We find that the challenge in this writ petition is to the order dated 14.6.2017 Exhibit. B as also to the notification dated 10.2.2016. The contention of the learned counsel for the petitioner is that the notification has wrongly been interpreted in the impugned order passed by the Regional Provident Fund Commissioner, Kolhapur.

3.

Learned counsel appearing for respondents submits that against the impugned order dated 14.6.2017, appeal lies to CGIT.

515-wp-7596.2017.sxw He submits that even if the interpretation according to the petitioner is not correct, the appellate authority is fully empowered to again interpret the notification and give contrary finding and therefore,the petitioner should be directed to avail the remedy of challenging the impugned order before CGIT. 4.

Keeping in view the aforesaid, we are of the view that the petitioner is having alternative and efficacious remedy to challenge the order dated 14.6.2017 before the CGIT. In the circumstances, we decline to interfere in the matter and grant liberty to the petitioner to avail the alternative remedy. We also grant liberty to the petitioner to challenge the notification dated 14.6.2017 Exhibit. B, if occasion so arises.

5.

With the aforesaid directions and liberty, Petition is dismissed. (M.S. SONAK, J.) (SHANTANU KEMKAR, J.)