Gebbs Healthcare Solutions Pvt. Ltd. v. Employees' Provident Fund Commissioiner Regional Provident Fund Commissioner I Regional Office-Vash

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION (ST) NO. 32667 OF 2017 GeBBS Healthcare Solutions Pvt. Ltd.

... Petitioner

Versus

Employees' Provident Fund Commissioner ... Respondent Mr. S.K. Talsania, Senior Advocate instructed by Mr. Avinash Fatangare for the Petitioner.

Mr. Suresh Kumar for the Respondent.

CORAM : S.J. KATHAWALLA, J.

DATED : 23 rd NOVEMBER, 2017 P.C.:

The Petitioner in the above Writ Petition has impugned the order passed by the Regional Provident Fund Commissioner-I, EPFO, Regional Office, Vashi dated 25 th October, 2017. An urgent application is made before this Court in the above Writ Petition since the office of the Regional Provident Fund Commissioner has attached the bank accounts of the Petitioner maintained with State Bank of India, Rabale and ICICI Bank Limited, Andheri (East), Mumbai-400 093. It is submitted that the said bank accounts are attached without following the procedure prescribed under Sections 18B and 18G of the Act. The Learned Advocate appearing for the Respondent states that the Appeal is not maintainable and should not be entertained. In view thereof, an Appeal alongwith a stay application shall be filed before the CGIT-I on 27 th November, 2017 at 11.00 a.m. and if the Presiding Officer, CGIT-I is not available, the same shall

kpd 2 / 2 501-WPst-32667-2017.sxw be moved before the CGIT-II. The stay application shall be heard and disposed off by the Authorities within a period of two weeks from the date of this order. In the meantime, the Petitioner shall maintain a balance aggregating to Rs.7.5 crores in their bank accounts and are allowed to operate the said bank accounts, subject to the above directions. In view of this order, the above Writ Petition stands disposed off. ( S.J.KATHAWALLA, J. )