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SCA/8533/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8533 of 2010
=========================================================
VALLABHBHAI
PEMJIBHAI SAVANI & 2 - Petitioner(s)
Versus
ASSISTANT
PROVIDENT FUND COMMISSIONER & 1 - Respondent(s)
=========================================================
Appearance :
MR
BHUSHAN B OZA for
Petitioner(s) : 1 - 3.
None for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 26/07/2010
ORAL
ORDER
1.
Challenge in this petition is to the Notice dated 09.07.2010 issued
by the competent authority of the respondent-Organization whereby the
petitioners have been directed to show cause as to why a Warrant of
Arrest should not be issued for recovery of arrears and interest
payable u/s. 7-Q of the Employees Provident Fund & Misc.
Provisions Act, 1952.
2. By
issuing the said Notice, the respondent-authority has directed the
petitioners to remain present before it on 27.07.2010 at 1100 hrs.
Looking to the facts of the case, it will not be appropriate to
entertain this petition at this stage, particularly, when the
proceedings are at an premature stage. In my opinion, if this Court
entertains the petition, it would stall the proceedings initiated by
the respondent-authority.
3. It
is, however, observed that if the petitioners prefer an application
requesting the respondent-authority to fix the final hearing of the
matter, on some other date, which may be convenient to both the
sides, the same shall be allowed by the respondent-authority and a
convenient date shall be fixed for hearing the matter finally. It is
made clear that the grant of the aforesaid liberty does not mean that
the petitioners can seek adjournment from the respondent-authority at
their own volition but, the same is being granted to ensure that the
petitioners get reasonable opportunity to present their case / file
written submissions, if any, before the respondent-authority. If any
such written submissions are filed by the petitioners, it is expected
that the respondent-authority shall deal with the same in accordance
with law.
4. With
the above observations, the petition stands disposed of. Direct
service today.
[K.
S. JHAVERI, J.]
Pravin/*
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