Court No. - 6 Case :- WRIT - C No. - 4750 of 2010 Petitioner :- M/S Vasundhara Potteries (P) Ltd. Respondent :- Employees Provident Fund Organization Agra And Another Petitioner Counsel :- Rajiv Gupta,Dileep Kumar,Swapnil Kumar Respondent Counsel :- Dhananjay Awasthi Hon'ble Pankaj Mithal,J.
Heard Sri Swapnil Kumar, learned counsel for the petitioner and
Sri Sandeep Kumar Singh for respondents.
Petitioner’s application under Section 7-A (4) of the Employees’
Provident Fund and Misc. Provisions Act, 1952 has been rejected
by the impugned order dated 21.7.2009.
The submission of learned counsel for the petitioner is that the
authorities have not applied its mind as to the sufficiency of the
reasons which prevented the petitioner from appearing leading to
the ex-parte assessment.
Learned counsel for respondents prays for and is allowed a
month’s time to file counter affidavit.
Two weeks thereafter are allowed to the petitioner for filing
rejoinder affidavit.
List after expiry of above period.
Until further orders of this Court, the recovery of Rs.80,235/-, in
pursuance to the ex-parte assessment dated 31.5.1995, shall remain
stayed provided the petitioner deposits the entire amount within a
period of one month from today which shall be kept in a fixed
deposit with a Nationalised Bank initially for a period of one year,
renewable from time to time, if necessary.
Order Date :- 3.2.2010
BK