Vasundhara Bahuudeshiya Samajik Sanstha, Buldhana Thr. Its President v. The Asstt. Provident Funds Commissioner, Akola

2024:BHC-NAG:11335 11-wp-1948-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 1948 of 2024 Vasundhara Bahuudeshiya Samajik Sanstha, Khamgaon through its President

Versus

The Assistant Provident Funds Commissioner, Akola Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.J.Pathak, Advocate for the petitioner. Shri Rajat Kumar Maheshwari, Advocate for the respondent.

CORAM : N.R.BORKAR, J.

DATED : 26th SEPTEMBER, 2024.

The limited prayer in this petition is during the pendency of appeal before the Central Government Industrial Tribunal (CGIT) against the order passed by the respondent dated 30th November, 2023, the respondent be restrained from initiating any coercive action against the petitioner for recovery of the amount, in terms of said order dated 30th November, 2023. 2.

Learned counsel for the petitioner submits that the CGIT is not functional. It is submitted that out SKNair

11-wp-1948-24.odt of total amount of Rs.67,00,000/- the respondent has already recovered the amount of Rs.22,00,000/-. It is submitted that the petitioner is willing to pay some more amount and subject to such deposit, the order dated 30th November, 2023 be stayed during the pendency of appeal before the CGIT.

3.

On the other hand, learned counsel for the respondent submits that petitioner be directed to deposit atleast 75% of the total amount.

4.

Considering the facts and circumstances the order dated 30th November, 2023 shall remain stayed during the pendency of the appeal filed by the petitioner before the CGIT, subject to deposit of Rs.15,00,000/- by the petitioner with the respondent within a period of four weeks from today.

5.

The writ petition is disposed of in aforesaid terms.

[N.R.BORKAR, J.] SKNair