M/S Nagpal Projects And Construction Pvt Ltd Through Shri Ramesh B. Nagpal Director v. The Employees Provident Fund Organisation

929-CA-8081-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8081 OF 2023 IN WRIT PETITION NO.5230 OF 2023 M/s Nagpal Projects & Constructions Pvt. Ltd.

Through Ramesh B. Nagpal, Director .... Applicant

Versus

The Employees' Provident Fund Organization, Regional Office, Aurangabad, Through Regional Provident Fund Commissioner, Aurangabad-II .... Respondent ......

Mr. B.B. Yenge, Advocate for the Applicant Mr. N.K. Chaudhari, Advocate for the Respondent ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 07th JULY, 2023 ORDER :

1.

This application is filed by the applicant/petitioner seeking extension of six weeks to deposit 50% amount before the Central Government Industrial Tribunal, Nagpur in terms of the order dated 04th May, 2023.

2.

Heard the learned advocate for the applicant. Perused the the application, and order dated 04th May, 2023 passed by this Court.

929-CA-8081-23 3.

Learned advocate for the respondent strongly opposed the application contending that, the applicant/petitioner has failed to comply the directions of this Court. He further submits that, if this Court is inclined to grant extension to the applicant/petitioner, in the interest of respondent, then the said amount may be directed to be deposited with the respondent. In case the respondent does not succeed in the appeal, he will not be liable to pay interest of this period on the said amount.

3.

For the reasons stated in the application, the application is allowed.

4.

Extension of four weeks is granted to deposit 50% amount.

5.

The amount shall be deposited with the respondent, with an understanding that the respondent shall refund the said amount in case the applicant/petitioner succeeds in the Appeal.

[ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane