M/S Noble Hospital And Research Centre Through Its Director Bapusaheb Eknath Kandekar v. Regional Provident Fund Commissioner-Ii Damages And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4454 OF 2022 M/S NOBLE HOSPITAL AND RESEARCH CENTRE THROUGH ITS DIRECTOR BAPUSAHEB EKNATH KANDEKAR

VERSUS

REGIONAL PROVIDENT FUND COMMISSIONER-II DAMAGES AND ANOTHER ...

Advocate for Petitioners : Mr. Barde Parag Vijay Advocate for Respondent No.1 and 2 : Mr. Chaudhari ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 20 th APRIL, 2022.

P.C.

Heard. Learned Advocate for the Petitioner and Learned Advocate for the Respondents.

1.

I have heard the rival submissions of the learned Advocate for the respective parties. The Petitioner is aggrieved by the order passed by the Respondent No.1, thereby directing the Petitioner to pay damages of Rs.48,04,330/- under Section 14B of the Employees Provident Fund Act, 1952.

2.

The learned Advocate for the Petitioner fairly submits that CGIT-1, Mumbai has been directing the Appellants, who prefer appeal

2 913.WP-4454-2022.doc under Section 7-Q to deposit approximately 20% of amount to the Society under Section 14-B. The Petitioner's establishment is in running condition. The learned Advocate for the Respondents submits that CGIT-1, Mumbai normally directs the Appellants to deposit 20% amount of the damages, while entertaining the appeal. 3.

Taking into consideration the facts of the present case, following order is passed:

ORDER

a.

The Petitioner shall deposit 25% of the amount of damages with the Respondents within a period of four weeks from today. b.

After the Presiding Officer takes charge of the CGIT-1, the appeal preferred by the Petitioner, shall be decided within four months, after giving opportunity of the hearing to the parties. c.

Till then, no coercive steps shall be taken against the Petitioner. 4.

With these directions, Writ Petition is disposed of. [NITIN B. SURYAWANSHI, J.] Najeeb