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SCA/8022/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8022 of 2009
=========================================================
GSL(INDIA)
LTD - Petitioner(s)
Versus
ASSISTANT
P F COMMISSIONER - Respondent(s)
=========================================================
Appearance
:
NANAVATI
ASSOCIATES for
Petitioner(s) : 1,
MR NIRAL R MEHTA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 15/04/2010
ORAL
ORDER
Heard
learned advocate Mr.K.D.Gandhi appearing for Nanavati Associates on
behalf of the petitioner and learned advocate Mr.Niral R. Mehta on
behalf of respondent.
In
present petition, the petitioner has prayedin para-13(A) for
quashing and setting aside order dated 09.06.2008 passed by the
Assistant Provident Fund Commissioner, Surat determining the amount
of dues payable by the petitioner company as well as the order dated
19.09.2008 passed by the respondent authority rejecting the Review
Application filed by the petitioner company under Section 7(B) of
the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952
and order dated 19.03.2009 directing the banker of the petitioner
company to transfer the amount from the account of the various
accounts of the petitioner company as well as the notice of demand
to defaulter dated 09.03.2009 issued by respondent authority to the
petitioner company.
I
have considered the submissions made by both the parties. The
question involved in the present petition is that Review Application
made by petitioner under Section 7(B) of the Employees’ Provident
Fund and Miscellaneous Provisions Act, 1952 on 13.10.2008 (Page-70
Annexure- E ) by the petitioner is not decided by respondent
No.1. Therefore, it is directed to respondent No.1 to decide the
said Review Application dated 13.10.2008 under Section 7(B) of the
Act within a period of two months from the date of receiving a copy
of this order, after giving reasonable opportunity of hearing to the
petitioner in accordance with law and also communicate the said
order to the petitioner.
Meanwhile
it is directed to Respondent-Authority to lift the attachment of the
Bank account which was attached by order dated 19.03.2009; and
whatever amount is received by Provident Fund Authority from the
petitioner’s Bank account i.e. Rs.13,40,086.55, is to be remained
with the respondent-Provident Fund Authority, subject to the result
of Review Application. Meanwhile, till the Review Application is
decided, till then no coercive action is to be taken against present
petitioner by the Respondent Authority. The petitioner is directed
to file an undertaking to the effect that in case Review Application
is dismissed then petitioner shall pay due amount to Respondent
Authority before Respondent Authority within the period of One week
from the date of receiving of copy of present order.
In
view of above observations and directions, present petition is
disposed of without expressing any opinion on merits.
(H.K.RATHOD,
J.)
..mitesh..
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