Shetkari Sah. Sangh Ltd., Kolhapur v. Asstt. Provident Fund Commissioner
Case at a glance
Outcome
Set aside
The order passed under 7A (4) is set aside and the
Provisions considered
Key paragraphs
- Para 66. The petition is disposed of accordingly. ..... .....
Judgment
Mr. M.S.Topkar for the petitioner. Mrs. S.V. Bharucha for the respondent. CORAM: SMT. NISHITA MHATRE, J. SMT. NISHITA MHATRE, J. CORAM: CORAM: SMT. NISHITA MHATRE, J. DATED: 23RD OCTOBER, 2007. 23RD OCTOBER, 2007. DATED: DATED: 23RD OCTOBER, 2007. P.C.: P.C.P.C.
This petition has been filed against the order passed by the Assistant Provident Fund Commissioner, Sub-Regional Office, Kolhapur, rejecting the application for setting aside the ex-parte order passed under 7A(4).
The facts giving rise to the present petition are as follows:- . The petitioner was issued an order under Section 7A of the Employees Provident Fund & Miscellaneous Provisions Act, 1952 on 26.7.2003. This order was 2 passed ex-parte. The petitioner, therefore, filed an application on 22.8.2003 for setting aside the ex-parte order, immediately after the receipt of the order under Section 7A(1). The respondent has dismissed the application on the ground that no satisfactory reason was given by the petitioner for setting aside the order passed under Section 7A(1). The respondent concluded that the petitioner had sufficient opportunity to appear before him during the course of the enquiry conducted under Section 7A(1) of the Act.
A perusal of the order passed under Section 7A(1) indicates that an opportunity was given to the petitioner to appear on 6.5.2003 and again on 23.6.2003. On 6.5.2003 when the petitioner appeared, it filed documents in order to satisfy the respondent that they were not liable for payment of the amount demanded. The notice of 23.6.2003 has not been received by the petitioner as averred in their petition. There is no reply to the petition nor is there any document produced before me indicating that the petitioner had received the notice informing it that the hearing would be held on 23.6.2003. In view of these facts, the application for setting aside the ex-parte order must be allowed.
Operative part
The order passed under 7A (4) is set aside and the 3 enquiry under Section 7A shall continue.
The petitioner will appear before the respondent on
26.11.2007 at 11.00 a.m.
The petition is disposed of accordingly. ..... .....
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The order passed under 7A (4) is set aside and the
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908.
Which court decided this case, and when?
Bombay High Court, on 23 Oct 2007. The bench was NISHITA MHATRE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.