Sangole Municipal Council Through Chief Officer, Smt. Pradnya Shankarrao Potdar v. Union Of India Through Prin. Secretary, Ministry Of Labour And Employment And ORS

902.WP.6921.2019 Digitally signed by ANANT KRISHNA NAIK Date:

2024.10.24 15:16:34 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13007 OF 2024 IN WRIT PETITION NO. 6921 OF 2019 Sangole Municipal Council through Chief Officer, Smt. Pradnya Shankarrao Potdar . ..Applicant/Petitioner versus Union of India and Ors.

...Respondents

Mr. Saurav Katkar i/b. Mr. Shantanu Raktate for the Applicant/Petitioner Mr. S. H. Kankal, AGP for the Respondent No. 2-State

CORAM

: RAVINDRA V. GHUGE & M. M. SATHAYE, JJ.

DATE : 22nd OCTOBER, 2024.

P.C.:- 1.

The petitioner has moved an interim application for seeking withdrawal of this petition, considering the fact that after the petitioner challenged the order passed below section 7A of the Employees' Provident Funds And Miscellaneous Provisions Act, 1952 (for short "the said Act"), a further order was passed u/s 8F of the said Act by which an amount of Rs.56,61,647/-, was recovered from the account of the Petitioner held with Sangola Station Road Branch of State Bank of India. 2.

He, therefore, prays that this Petition be disposed off as withdrawn on instructions and the amount of Rs.11,00,000/-, deposited by this Petitioner in this Court pursuant to the directions of this Court, may be akn 1/2

902.WP.6921.2019 permitted to be withdrawn along with accrued interest. None is present for the PF authorities.

3.

The learned Advocate for the Petitioner has placed a printout of the statement of account (8 pages) on record. The same is marked as "X" for identification. Page 3 contains the first entry dated 12/02/2020 and an amount of Rs.56,61,647/- has been debited from the account of the Petitioner. A solemn statement made by the learned Advocate, on instructions from the Chief Officer of the Petitioner that the said amount is credited to the account of the PF Department in view of the order dated 06/06/2019 passed u/s. 8F of the said Act, is recorded. 4.

By recording the said statement made on instructions and on the basis of the bank account statement "X", this Petition is disposed off as withdrawn.

5.

The amount of Rs.11,00,000/- deposited by the Petitioner in this Court, is permitted to be withdrawn along with accrued interest. A duly authorized officer of the Municipal Council, under proper identification of the learned Advocate for the Petitioner, can withdraw the said amount. 6.

The Interim Application is, therefore, disposed off. (M. M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.) akn 2/2