IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITIONS No.50247-50248 OF 2018 (L-PF) BETWEEN:
M/S. SUVILAS PROPERTIES PVT. LTD., HAVING ITS REGISTERED OFFICE AT NO.100 (OLD NO.52) DONNABAS TOWER RAILWAY PARALLEL ROAD KUMARA PARK WEST BENGALURU-560 020 REPRESENTED BY ITS MANAGING DIRECTOR MR. SUNIL CHOWDARY … PETITIONER (BY SHRI. M.N. UMESH, ADVOCATE FOR SHRI. N.S. NARASIMHA SWAMY, ADVOCATE) AND:
THE ASSISTANT PROVIDENT FUND COMMISSIONER & RECOVERY OFFICER REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN NO.13, RAJA RAM MOHAN ROY ROAD BENGALURU-560 025 ... RESPONDENT (BY SMT. NANDITA HALDIPUR, ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDERS OF THE RESPONDENT PRODUCED AT ANNEXURE- G AND H DATED 05.04.2018 AND 10.05.2018 RESPECTIVELY AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri M.N.Umesh, learned advocate for the petitioner and Smt. Nandita Haldipur, learned advocate for the respondent.
2. Petitioner has challenged order passed by the Provident Fund Authorities under Section 14(B) of Employees’ Provident Fund & Miscellaneous Provisions Act, 1952. It is averred in the petition that though there is an appeal provision, this petition is filed because the Appellate Tribunal is not functioning.
3. Learned advocate for the respondent submits that Tribunal is now functioning.
4. As prayed for by learned advocate for petitioner, these petitions are disposed of with liberty to file an appeal against the impugned order. If petitioner files an appeal, within four weeks from today, the same shall be considered by the Appellate Authority without raising any objections with regard to delay.
5. This Court, by order dated 04.12.2018, has directed to deposit Rs.34,00,000/-. Petitioner is permitted to deposit the same before the Appellate Authority.
No costs.
Sd/- JUDGE AV