M/S Fashion Warld, Nagpur Through Its Partner v. Assistant Provident Funds Commissioner, Nagpur

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.3028 OF 2015 (M/s. Fashion World, Nagpur vs. Assistant Provident Funds Commissioner) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri S.W. Ghate, Advocate for the petitioner. Ms. Tannna, Advocate for the respondent.

--------- CORAM : SMT. VASANTI A NAIK, J.

DATED : OCTOBER 10, 2016 By this writ petition, the petitioner challenges the order of the Assistant Provident Fund Commissioner in the proceedings under Section 7-A of the Employees" Provident Funds and Miscellaneous Provisions Act.

Ms. Tanna, the learned Counsel for the respondent, raises a preliminary objection to the tenability of the writ petition. It is stated that the petitioner can challenge the aforesaid order in a statutory appeal before the appellate Authority. It is stated that in fact, after filing of the writ petition, the petitioner has filed an appeal before the appellate Authority.

In view of the existence of an alternate remedy, the objection raised on behalf of the respondent is upheld. The writ petition is disposed of with no order as to costs. The points raised in the writ petition are kept open.

JUDGE khj

1010wp3028.15 2/2 CERTIFICATE I certify that this order uploaded is a true and correct copy of original signed order.

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Kamal H. Jeswani 13/10/2016 Private Secretary