Bank vs Assistant on 3 August, 2011

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Gujarat High Court
Bank vs Assistant on 3 August, 2011
Author: Ravi R.Tripathi,
  
 Gujarat High Court Case Information System 
    
  
    

 
 
    	      
         
	    
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SCA/10063/2011	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 10063 of
2011 
=========================================================

 

BANK
OF BARODA - Petitioner(s)
 

Versus
 

ASSISTANT
PROVIDENT FUND COMMISSIONER & RECOVERY OFFICER - Respondent(s)
 

=========================================================
 
Appearance
: 
MS
NALINI S LODHA for
Petitioner(s) : 1, 
None for Respondent(s) :
1, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE RAVI R.TRIPATHI
		
	

 

Date
: 03/08/2011 

 

ORAL
ORDER

1. Heard learned Sr.
Advocate, Mr. Mihir Joshi with learned Advocate, Ms. Nalini Lodha,
for the petitioner-Bank of Baroda.

2. Learned Advocate
invited attention of this Court to Page-16, a communication dated
07.01.2011, wherein the relevant part reads as under:

“… Failing which
further recovery actions will be initiated against the Bank, as in
terms of the provisions of section 2(e) of the EPT & MP Act,
1952, at the moment the Bank took possession of the assets of the
establishment, it became an “Occupier” of the
establishment, And being an occupier of the establishment, the Bank
will be treated as an employer in default and further recovery
actions will be initiated against it without further notice.”

3. It
is not in dispute that the P.F. Dues sought for are for the period
commencing from March, 1998 to September, 2004. The learned Advocate
for the respondent-P.F. Authority is directed to file an affidavit,
explaining as to why these dues are sought to be recovered in 2010-11
and what was done between the period i.e. right from March, 1998 till
the impugned communications issued.

Affidavit
will be FILED before the NEXT DATE of
hearing.

4. The
matter requires consideration.

RULE,
returnable on 23RD
AUGUST, 2011. Ms. Vasavdatta Bhatt, learned Advocate waives
service of rule for the respondent-P.F. Authority.

5. INTERIM
RELIEF in terms of Para-8B & 8C.

6. A
copy of this order be made available to the learned Advocate, Ms.
Bhatt, for the respondent-P.F. Authority, for compliance.

(RAVI
R.TRIPATHI,J.)

Umesh/

   

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