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J.V.G. Finance Ltd. vs Regional Provident Fund ...

High Court Of Judicature at Allahabad|01 December, 1997

JUDGMENT / ORDER

JUDGMENT S.R. Singh, J.
1. Heard Shri S.N. Srivastava, learned Counsel for the petitioner and Shri Rakesh Tiwari, learned Counsel appearing or opposite parties 1, 2 and 3.
2. The writ petition has been filed primarily for issuance of a writ of certiorari quashing order dated 27.5.97 passed by respondent No. 1 and the orders dated 17.9.97 and 6.10.97 passed by opposite party No. 2.
3. The order dated 27.5.97 is an order under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. It is stated that the petitioner has already moved an application for setting aside the order dated 27.5.97, a copy of the application dated 19.9.97, has been filed as Annexure 10 is the writ petition. It may be pertinent to observe here that Sub-section (4) of Section 7A of the Act provides a remedy for setting aside ex-parte order and Section 7A of the Act provides for an appeal against the order dated 27.5.97. In that view of the matter, I am not inclined to entertain this writ petition as against the order dated 27.5.97.
4. So far as order dated 17.9.97 is concerned, it is only an order passed with reference to certain letters dated 12.8.97 and 14.8.97 and the petitioner has been directed to deposit the assessed dues as per the assessment order dated 27.5.97. No exception can be taken to the order dated 17.9.97 as long as order dated 27.5.97 appears contact.
5. The impugned order dated 5.10.97 is only the attachment order passed under Sub-section (3) of Section 8 of the aforesaid Act.
6. Since the main order is still intact, the order of attachment under Section 8(F) -2 warrants no interference. The petitioner is devoid of merit and is dismissed. However, it may be observed that the observations made in the judgment will not prejudice the disposal of application under Sub-section (4) of Section 7A of the Act in accordance with law.
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Title

J.V.G. Finance Ltd. vs Regional Provident Fund ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
01 December, 1997
Judges
  • S Singh