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Bombay High CourtWP/3887/2025allowed

M/S. Mdindia Health Insurance (Tpa) Pvt. Ltd. And ANR v. Regional Provident Fund Commissioner-I, Pune

2025-11-28Hon'Ble Shri Justice Sandesh Dadasaheb Patil , Hon'Ble Justice Revati Mohite Dere4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3887 OF 2025 1.

M/s. MDIndia Health Insurance ) (TPA) Pvt. Ltd.

) 46/1, E-Space, A-2 Building, 3rd Floor, ) Vadgaon, Pune Nagar Road, ) Pune-411014 ) 2.

M/s. MDI Health Care Networx Pvt. Ltd. ) 46/1, E-Space, A-2 Building, 2nd Floor, ) Vadgaon, Pune Nagar Road, ) Pune-411014 ) ...Petitioners

Versus

Regional Provident Fund Commissioner-I, Pune ) 2nd Floor, Pune Cantonment Board Building, ) Near Golibar Maidan, Camp, ) Pune (Maharashtra)-411 001 ) ...Respondent ------ Mr. Abhishek Malhotra, Senior Advocate a/w Mr. Adhiraj Bhandari, Mr. Darshit Jain and Mr. Nikitesh Kotangale for the Petitioners.

Ms. Shamiyana H. a/w Mr. Rahul Patil i/b Mr. Rakesh Sawant for the Respondent.

------ CORAM : REVATI MOHITE DERE & SANDESH D. PATIL, JJ.

DATE : 28 th NOVEMBER, 2025 Judgment (Per Sandesh D. Patil, J.):

1) Heard learned Counsel for the parties.

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2) Rule. Rule is made returnable forthwith with consent of the parties and the present Writ Petition is taken up for final disposal. Ms. Shamiyana H., learned Counsel for the Respondent waives service on behalf of the sole Respondent.

4) By this Petition, the Petitioner seeks a writ of Mandamus to the Respondent to produce and preserve the entire audio recording transcript of the cross-examinations of Mrs. Leena Ajit Purohit, Enforcement Officer, EPFO, Pune, as carried out before the Regional Provident Fund Commissioner -1 (RPFC-1), Pune, in proceeding, bearing Case No. DY. 48/2023.

5) The Respondent appeared in this matter. During the hearing of the present Petition, the learned Counsel appearing for the Respondent made a statement that they would allow the Petitioners to hear the audio recording, and in the event, the Petitioners find any discrepancy between the audio recording and the actual transcript which was typed, they will be at a liberty to make an appropriate application. The said statement is accepted. 2/4

6) Based on this statement made by the learned Counsel appearing for the Respondent, the learned Counsel appearing for the Petitioners does not press this Petition. He, however submits that appropriate directions be passed.

7) In view of the statement made by the learned Counsel appearing for the Respondent, the present Writ Petition can be disposed of, with the following directions:

(i) The Respondent to allow the Petitioner to hear the audio recording of the cross-examination of Mrs. Leena Ajit Purohit, Enforcement Officers, EPFO Pune, as carried out before the Regional Provident Fund Commissioner-1 (RPFC-1), Pune in proceedings bearing No. DY. 48/2023.

(ii) In the event, the Petitioners find that there are certain discrepancies in the audio recording and the actual transcript which has been typed, they will be at a liberty to prefer an appropriate application before the Regional Provident Fund Commissioner-1 3/4

(RPFC-1), Pune in proceedings bearing No. DY. 48/2023.

(iii) In the event, such an application is preferred, the Regional Provident Fund Commissioner-1, Pune will decide the same, in accordance with law.

8) In light of the statement made by the learned Counsel appearing for the Respondent, the Writ Petition No.3887 of 2025 is disposed of accordingly.

9) Rule is made absolute in aforesaid terms.

10) All concerned parties to act upon an authenticated copy of this Order.

(SANDESH D. PATIL, J.) (REVATI MOHITE DERE, J.) 4/4