✦ Bombay High Court

M/s. Deccan Founder and Engineers v. Assistant Provident Fund Commissioner

Civil Petition No. 3691 of 2006NISHITA MHATRE

Case at a glance

Provisions considered

Judgment

Mr. M.S. Topkar for the petitioners. Ms. Seema Chattri for Ms. Suresh Kumar for the respondent. CORAM: SMT. NISHITA MHATRE, J. SMT. NISHITA MHATRE, J. CORAM: CORAM: SMT. NISHITA MHATRE, J. DATED: 5TH SEPT., 2007. 5TH SEPT., 2007. DATED: DATED: 5TH SEPT., 2007. P.C.: P.C.P.C.

1.

The petitioner challenges the order passed under Section 7A of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 dated 25.1.2005. The order dated 20.3.2006, which is a show cause notice under Section 8B issued before the warrant of arrest, has also been challenged in this petition. These orders can be effectively challenged in an appeal which has been provided under the statute. The writ petition is not maintainable in view of this alternative efficacious remedy. 2

2.

The petition is, therefore, rejected leaving the petitioner to take appropriate steps under the Act by filing an appeal.

3.

Interim order passed by this Court on 13.11.2006 to continue for the period of four weeks from today. .....

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

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