Illuminati Education Forum Through Its Director v. The Regional Provident Fund Commissioner Ii

2025:BHC-AUG:3409 1 904-wp 1709-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1709 OF 2025 Illuminati Education Forum Through Its Director Deepak Govind Kothari .. Petitioner

Versus

The Regional Provident Fund Commissioner II/Recovery Officer, Aurangabad .. Respondent Mr. S. V. Adwant, Advocate for the Petitioner. Mr. Nitin K. Chaudhari, Advocate for Respondent. CORAM :

KISHORE C. SANT, J.

DATED : 05th FEBRUARY, 2025.

P. C. :- .

The petitioner challenges the order passed by the learned Regional Provident Fund Commissioner-II/ Recovery Officer, EPFO Regional Office, Aurangabad dated 16.01.2025 under Section 8F (3) (i) of the Employees' Provident Funds and Miscellaneous Provisions Act invoking various other provisions.

2.

This Court is not inclined to interfere with the writ petition. However, at this stage the learned advocate for the petitioner submits that, the petitioner would deposit 70% of the amount, out of which, 35% within a period of two (02) weeks from today. Further 35% of the amount would be deposited on or before 31.03.2025. Remaining 30% of the amount would be deposited by the end of April 2025.

2 904-wp 1709-2025.odt 3.

A request is vehemently opposed by the learned advocate for respondent. He submits that, in fact, the writ petition itself is not maintainable.

4.

This Court, at this stage feels that, since the petitioner is ready to deposit the amount and since indulgence sought is only as prayed for while making oral submissions, this Court is inclined to pass the following order.

5.

The petitioner shall deposit 35% of the amount within a period of two (02) weeks from today. Further 35% of the amount shall be deposited on or before 31.03.2025. The remaining 30% of the amount shall be deposited by the end of April 2025 pursuant to the impugned order. The petitioner shall file an affidavit to that effect within a period of one (01) week from today which shall be treated as an undertaking given to this Court. Subject to the same, the respondent shall not proceed with the matter till 30.04.2025. In case, there is any default, the authorities are at liberty to proceed against the petitioner. For that purpose, the account attached shall be released by the authorities. 6.

With this, the writ petition stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.