IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION Nos.22287-22289/2015 (L-PF) BETWEEN M/S SCORPION SECURITY LTD., PALACE COMPOUND, VASANTH NAGAR, BANGALORE-560 052 REPRESENTED BY ITS DIRECTOR SMT.KOMALA RAVI.
... PETITIONER (BY SRI VIVEK HOLLA, ADV.) AND 1. THE REGIONAL PROVIDENT FUND COMMISSIONER -II (C&R) EMPLOYEES’ PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, #13, BHAVISYANIDHI BHAVAN, RAJA RAM MOHAN ROY ROAD, BANGALORE-560 098.
2. CHIEF MANAGER M/S. VIJAYA BANK, SANKEY ROAD BRANCH, #19, SANKEY ROAD, BANGALORE-560 020.
... RESPONDENTS (BY SMT. SHWETHA ANAND, ADV. FOR R1, SRI PRASHANTH P.N, ADV. FOR R2.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DT.24/25.2.2015 PASSED BY THE REGIONAL PROVIDENT FUND COMMISSIONER -II (C & R) THE R-1 HEREIN (ANNX-D) AND THE IMPUGNED ORDER DT.24/25.2.2015 PASSED BY THE REGIONAL PROVIDENT FUND COMMISSIONER-II (C & R) THE R-1 HEREIN (ANNX-E) AND THE ORDER OF ATTACHMENT DT.31.3.2015 PASSED BY THE REGIONAL PROVIDENT FUND COMMISSIONER II (C & R) THE F-1 HEREIN (ANNX-F).
THESE WRIT PETITIONS COMING ON FOR ‘PRELIMINARY HEARING IN ‘B’ GROUP’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned counsel for the respondents.
2. Petitioner is before this Court being aggrieved by the proceedings of respondent No.1 dated 25.03.2015 vide Annexures-D, E and F to the writ petitions wherein respondent No.1 has been pleased to attach the Bank accounts maintained by the petitioner with respondent No.2- Bank.
3. It is the case of the petitioner that the demand was raised by respondent No.1 and aggrieved by the same, it has preferred an appeal before the Tribunal at Delhi (Bench) as the Bench at Bengaluru was yet to be constituted. The appeal was registered as ATA No.409(6)/2015 and in the said appeal, the petitioner had preferred wavier application praying that the Tribunal be pleased to waive the requirement of pre-depositing 75% of the amount demanded. That the appeal was preferred on 15.04.2015. The Tribunal at Delhi has not considered and disposed of the application and even before the expiry of the appeal period and even as the application remained on board and unconsidered, the impugned order of attachment came to be passed.
4. Learned counsel for the petitioner would invite the attention of this Court to the order passed by the Hon’ble Apex Court wherein the Hon’ble Apex Court after recording the submission of the learned Solicitor General has been pleased to order that no coercive steps shall be taken in respect of the cases which are required to be preferred before the Southern Tribunal to be situated at Bengaluru. It is further submitted by the learned counsel for the petitioner that the waiver application produced as Annexure-H to the writ petitions is still pending consideration. In the light of the constitution of the Bench of the Tribunal at Bengaluru, the appeal and the waiver application are required to be considered by the Tribunal.
5. In that view of the matter, this Court is of the opinion that the instant writ petitions could be disposed of with a direction to the Appellate Tribunal.
Accordingly, the writ petitions are disposed of with a direction to the Appellate Tribunal to expedite the consideration and disposal of the waiver application preferred along with appeal registered as ATA No.409(6)/2015. Till the disposal of the application, the petitioner shall entitled for the protection granted by this Court vide order dated 28.05.2015.
The writ petitions stand disposed off on the above terms. There shall be no order as to costs.
Sd/- JUDGE VM CT:HR