Excel Instruments v. The Assistant Provident Fund And ANR

wp.1171.2018_16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

WRIT PETITION NO.1171 OF 2018 M/s.Excel Instruments, Mumbai ... Petitioner Vs The Assistant Provident Fund Commissioner, EPFO, Mumbai & anr.

... Respondents Ms.Shobana Gopal for the Petitioner Mr.Suresh Kumar for Respondents CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATED: JULY 24, 2019 P.C.:

1.

The present petition is directed against the failure of respondent No.1 - Assistant Provident Fund Commissioner, EPFO, Kandivli (West), Mumbai, to refund the amount of Rs.8,58,213/- alongwith interest within a period of 30 days from the date of the order collected from the petitioner despite the specific order passed by the Provident Fund Appellate Tribunal, New Delhi dated 16.5.2016.

2.

We are now informed by the advocate for the petitioner that the principal amount of Rs.8,58,213/- was paid just last week, i.e., three years after the passing of the said order by the Appellate

wp.1171.2018_16.doc Tribunal. However, till date, the interest @ 10% as ordered is not paid.

3.

Respondent No.1 is, therefore, directed to pay the interest on the sum of Rs.8,58,213/- @ 10% from the date of deposit of the same by the petitioner until payment within a period of four weeks from the date of this order.

4.

Writ Petition is disposed of accordingly.

(S.J. KATHAWALLA, J.) (AKIL KURESHI, J.)