Municipal Council Pusad, Thr. Chief Officer, Yavatmal v. Assistant Provident Fund, Commissioner, Akola And ANR.

1 78-WP-7975-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.7975 OF 2025 Municipal Council Pusad, through its Chief Officer, Yavatmal Vs.

Assistant Provident Fund Commissioner and Another Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. M.I. Dhatrak, Advocate for the Petitioner. Mr. Amit Prasad, Advocate for the Respondents. CORAM: PRAFULLA S. KHUBALKAR, J .

DATED : 16 th DECEMBER, 1.

Heard learned counsel for the petitioner and learned counsel for the respondents.

2.

Mr. Amit Prasad, learned counsel for the respondents seeks time to file affidavit in reply on behalf of the respondents.

3.

Having regard to the controversy involved, by way of an interim order dated 12.12.2025, the respondents were restrained from taking any coercive action against the petitioner.

4.

Today, the request of the respondent for grant of time to file reply is accepted and they are permitted to file reply on or before the next date.

5.

Learned counsel for the petitioner points out that in view of the impugned order, all the 24 accounts of the petitioner/ Municipal Council are freezed and the petitioner/Municipal Council is not in a position to operate their day-to-day expenses for making various routine

2 78-WP-7975-2025.odt payments for regular working including payment of salaries etc. and therefore, a request is made for permission to operate the bank accounts as mentioned in the list at Annexure P-19 (page No.137 to 139).

6.

Having regard to the controversy involved, it is necessary to modify the interim order and in the interest of justice to allow the petitioner/ Municipal Council to operate a few of their bank accounts during the pendency of the instant petition, so that the day-to-day working of the petitioner/ Municipal Council is not totally hampered.

7.

Accordingly, the petitioner is directed to supply a list of 10 bank accounts out of 24 bank accounts mentioned in the said list to the respondent No.2 within a period of two days from today. After receipt of the said list of 10 bank accounts, the respondent No.2 is directed to allow the petitioner/ Municipal Council to operate those accounts till next date.

8.

In view of the above, list the petition on 09.01.2026 for further consideration.

(PRAFULLA S. KHUBALKAR, J . ) Privel