M/S Chate Tutorials Pvt. Ltd. Through Its Director Shri Gopichand Hanumantrao Chate v. The Regional Provident Fund Commissioner

902-WP-29-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 WRIT PETITION NO.29 OF 2022 M/S CHATE TUTORIALS PVT. LTD. THROUGH ITS DIRECTOR SHRI GOPICHAND HANUMANTRAO CHATE

VERSUS

THE REGIONAL PROVIDENT FUND COMMISSIONER ...

Advocate for Petitioners : Mr. Arvind R. Kawade Advocate for Respondent : Mr. N.K Chaudhary ...

CORAM : S. V. GANGAPURWALA AND S. G. DIGE, JJ.

DATE : 5th JANUARY, 2022 PER COURT :- 1.

We have heard Mr. Kawade, learned Advocate for the petitioner and Mr. Chaudhary, learned Advocate for respondent. 2.

The petitioner is issued with warrant of attachment of movable property for Rs.22,74,360/-. The petitioner was also required to pay installment of Rs.1,61,130/- per month as per proposal. 3.

The petitioner is not challenging the liability imposed upon it, but is praying for some time to deposit the said amount. We have considered the warrant of attachment of movable property issued to the petitioner for Rs.22,74,360/-. The same is issued to it, subsequent to filing of the present petition.

4.

So far as deposit of amount of Rs.1,61,130/-per month towards installment is concerned, it is between the petitioner and respondent to arrive at reasonable amount of installment per month. The petitioner is also issued with warrant of attachment and warrant of arrest. The learned counsel for the petitioner submits that the petitioner would

902-WP-29-22.odt deposit amount of Rs.10,00,000/-(Rupees Ten Lakhs) within a period of one week. The said statement is accepted as an undertaking. Violation of said statement would amount to contempt of orders of this Court. The petitioner shall deposit amount of Rs.10,00,000/-(Rupees Ten Lakhs) within a period of one week with respondent and remaining amount of Rs.12,74,360/- shall be deposited within a period of two months from today with respondent.

5.

So far as monthly installment is concerned, the same shall be deposited by the petitioner regularly as per the proposal. If amount is deposited as directed above, then warrant of attachment of movable property and warrant of arrest stand set aside. However, any default in future on the part of the petitioner, respondent is at liberty to take fresh action. If the amount of Rs.22,74,360/- is deposited, the account of the petitioner be de-frezzed.

6.

Writ petition is disposed of accordingly. No costs. ( S.G. DIGE ) ( S.V. GANGAPURWALA ) JUDGE JUDGE mtk