M/S Ganesh Sahakari Karkhana Ltd. v. The Employees Provident Funds Organization

936wp3857-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 WRIT PETITION NO.3857 OF 2022 M/S GANESH SAHAKARI KARKHANA LTD.

VERSUS

THE EMPLOYEES PROVIDENT FUNDS ORGANIZATION ...

Advocate for Petitioner : Mr. U. N. Upadhye Advocate for Respondent : Mr. N. K. Chaudhari

CORAM

: RAVINDRA V. GHUGE, J.

DATE : 25th March, 2022 ORDER:

1.

I have considered the submissions of the learned Advocates for the respective sides.

2.

The petitioner is aggrieved by the order dated 12/14.10.2021 passed under Section 8-F of the E.P.F. And M.P.Act, 1952, by which the bank account of the petitioner sugar factory has been frozen for recovery of an amount of Rs.57,67,445/-(Rs.38,70,410/-+ 18,97,035/-) assessed as damages u/s 14-B and towards interest u/s 7-Q of the Act. 3.

The learned Advocate for the petitioner fairly submits that the CGIT-1 at Mumbai has been directing the appellants who prefer an appeal u/s 7-O, to deposit approximately 20% of the assessed amount u/s 14-B.

4.

I find that as the assessment under Section 14- B and 7-Q is purely arithmetical and an amount of Rs.57,67,445/- is to be recovered, the petitioner shall deposit an amount of Rs. 17,30,230/- (Rupees

936wp3857-22 seventeen lakhs thirty thousand two hundred thirty only) with the respondent herein and on the basis of the same, the petitioner can be protected till a Presiding Officer is appointed with the C.G.I.T.-1. 5.

Considering the above, with the deposit of Rs. 17,30,230/- (Rupees seventeen lakhs thirty thousand two hundred thirty only), the petitioner can be protected till the CGIT decides it' s appeal.

6.

In view of the above, this petition is disposed off with the following directions :- [a] The petitioner shall deposit an amount of Rs. 17,30,230/- (Rupees seventeen lakhs thirty thousand two hundred thirty only) with the sole respondent within a period of 4 (four) weeks. [b] The impugned order dated 12/14.10.2021 shall stand set aside immediately after the above stated amount is deposited. [c] The respondent would not withdraw the entire amount from the bank account of the petitioner in view of the above. [d] The CGIT-1 shall decide the appeal preferred by the petitioner dated 29.11.2021 within 4 months from the date of appearance of the parties in the matter, obviously after the Presiding Officer takes charge of the CGIT-1.

[e] Needless to state, the petitioner would be protected from coercive steps in view of the above till the CGIT decides the appeal.

( RAVINDRA V. GHUGE, J. ) JPC