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Bombay High CourtWP/2495/2025disposed off

Vishal Security Force v. Regional Provident Fund Commissioner Ii

2025-08-18Hon'Ble Justice Kamal Khata2 pages

28-OSWP-2495-2025.DOC apn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2495 OF 2025 Vishal Security Force

...Petitioner

v/s.

Regional Provident Fund Commissioner II

...Respondent

______________________ Adv. S. Joshi (through VC), a/w Adv. Niraj Prajapati for the Petitioner.

Ms. Payoja Gandhi for the Respondent.

________________________ Digitally signed by ASHWINI H GAJAKOSH Date:

2025.08.22 10:00:56 +0530

CORAM

: Kamal Khata, J.

DATED : 18th August 2025.

ASHWINI GAJAKOSH P.C.:- 1.

Learned Advocate for the Petitioner seeks a direction that the Registrar, CGIT transfer the Appeal filed by the Petitioner before CGIT-II to the Presiding Officer, CGIT-I. She submits that in a similar situation, this Court, in Order dated 14th November, 2024, Writ Petition (Stamp) No.31839 of 2024, M/s. Hexaware Technologies Limited Vs. Regional Provident Fund Commissioner-I, Vashi had permitted transfer.

2.

In response, the Respondent's Advocate submits that such transfer cannot be effected, as only CGIT-II has territorial jurisdiction to deal with this issue.

28-OSWP-2495-2025.DOC 3.

Heard both Advocates and perused the record.

4.

Since the CGIT-II is presently unavailable for deciding the Petitioner's matter, and the concerned Authorities are proceeding against the Petitioner, it would cause severe prejudice to the Petitioner, if coercive steps were taken without affording an opportunity of being heard by the competent Authority.

5.

Under these circumstances, I find it appropriate to direct the Registrar, CGIT, to transfer the Petitioner's matter from CGIT- II to CGIT-I.

6.

All contentions of both the parties are expressly kept open.

7.

In the meantime, the Concerned Authorities shall not take any coercive steps only for a period of four weeks from the date of uploading of this order on the website of Bombay High Court.

8.

The Petition is accordingly disposed of.

9.

All concerned to act on an authenticated copy of this order.

(Kamal Khata, J.)