Gloster Ltd And ANR v. The Recovery Officer And ORS

ss/jks 18.01.2024 MAT 2169 of 2023 With CAN 1 of 2023 Gloster Limited & Anr.

Vs.

The Recovery Officer, Employees Provident Fund Organisation & Ors.

Mr. P.K. Jhunjhunwala ... ... for the appellants Mr. S.C. Prasad ... ... for the respondent nos.1 & 2 1.

Heard Shri P.K. Jhunjhunwala, learned counsel for the appellants and Shri S.C. Prasad, learned counsel for the respondent nos.1 and 2.

2.

This intra-court appeal has been filed praying to set aside the interim order dated 04.10.2023 passed in WPA 20339 of 2023 (Gloster Limited & Anr. Vs. The Recovery Officer, Employees Provident Fund Organisation & Ors.).

3.

By the impugned interim order passed at the instance of the appellants herein, the learned Single Judge has stayed the recovery proceedings subject to furnishing of security by the appellants/writ petitioners as detailed in paragraph 11 of the impugned order. The affidavit-inopposition was directed to be filed within two weeks and reply thereof was directed to be filed within a week thereafter.

Learned counsel for the respondent nos.1 and 2 states that he has served a copy of the affidavit-in-opposition, upon the

appellants/writ petitioners on 04.12.2023 and no reply thereof has yet been served by the appellants/writ petitioners. Learned counsel for the appellants/writ petitioners states that he shall file the reply to the affidavit-in-opposition within a week before the Writ Court. Both the learned counsel for the parties jointly state that they are ready to argue the case finally before the learned Single Judge after a week.

4.

In view of the aforesaid, this appeal is disposed of with a request to the learned Writ Court to decide the WPA 20339 of 2023 expeditiously, preferably within one month from today.

5.

With this observation, the appeal is disposed of without entering into the merits of the matter of the parties. All pending application, if any, stand disposed of.

(Surya Prakash Kesarwani, J.) (Rajarshi Bharadwaj, J.)