M/S The Hotel Shaolin Chinese Restaurant Through Ex Proprietor Kuldeepsingh Nirh v. The Assistant Commissioner Employees Provident Fund And Misc Provisions Of Act Aurangabad Andanothe

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13834 OF 2016 (M/s Hotel Shaolin Chines Restaurant Vs.The Assistant Commissioner and another) IN WRIT PETITION NO.11485 OF 2010 Mr.B.R.Kawre, Advocate for the applicant.

Mr.K.B.Choudhari, Advocate for the respondents. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 21/10/2016 PER COURT :

1.

The applicant points out that WP No.11485/2010 filed by the applicant was allowed by this Court on 21/11/2011 and the matter was remitted to the PF Authorities at Aurangabad for a rehearing u/s 7-A of the Act of 1952.

2.

It is stated on oath in the civil application that after the verdict of the PF Authorities dated 09/06/2015, the amount of Rs.1,028/- was payable. Said amount has already been adjusted. It is, therefore, prayed that the amount deposited in this Court Rs.1,87,840/- on 31/01/2011 be returned to the applicant alongwith accrued interest. 3.

Mr.Choudhary, learned Advocate submits on instructions that khs/OCT.2016/13834-d

the contentions of the applicant are correct. 4.

As such, this civil application is allowed in terms of prayer clause "A", which reads as under :- "The applicant may be permitted to withdraw deposit amount of Rs.1,87,840/- as deposited by cheque No.622782 drawn on ICICI Bank dated 27-02-2011 before the Honourable Court along with accumulated interest till this date as the matter is finally settled."

( RAVINDRA V. GHUGE, J.) khs/OCT.2016/13834-d