PETITION NO. 1015 OF 2006 The Ahmednagar Dist. Central Co-op. Bank Ltd v. The Assistant Provident Fund Commissioner & Recovery Officer, Employees Provident Fund Organization & Ors.
Case at a glance
Outcome
Disposed of
Both the Petitions are disposed of
Provisions considered
Key paragraphs
- Para 22. We are informed that pursuant to various orders passed by this Court, the bags of sugar which were attached by the Provident Fund Authorities have been sold and the amount of ` 1,87,00,000/- was deposited in Writ Petition no. 1015 of 2006 while `…
- Para 66. In view of the order passed above, Civil Application no.852 of 2011 seeking intervention has become infructuous; the same stands dismissed. Consequently, Civil Application nos.1511 of 2010, 4909 of 2006, 1137 of 2006 of and 9173 of 2010, 4537 of 2010 and 15945 of…
Judgment
Cause title
Mr. R.N. Dhorde, Advocate for the Petitioner/Applicant in C.A..
Mr. N.B. Patil, A.G.P. for the Respondent-State.
Mr. K.B. Choudhari, Advocate for the respondent .....
CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 29TH JULY, 2011
ORAL ORDER:
These Writ Petitions have been filed by a Co-operative Bank for various reliefs, including the challenge to the notices issued by the Provident Fund Authorities for recovery of the Employer's and Employee's contributions payable under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short "The Act of 1952") and the scheme framed thereunder. (3) WP.1015.2006+
We are informed that pursuant to various orders passed by this Court, the bags of sugar which were attached by the Provident Fund Authorities have been sold and the amount of ` 1,87,00,000/- was deposited in Writ Petition no. 1015 of 2006 while ` 95,45,000/- was deposited in the other Petition. Thereafter, pursuant to the orders passed in Civil Application no. 3625 of 2010 on 7.4.2010, the Provident Fund Authorities were permitted to withdraw ` 40,52,092/- together with the interest accrued thereon. Accordingly, the Provident Fund authorities withdrew an amount of ` 50,91,032/-.
Thus, at that point of time, an amount of ` 2,41,92,908/- was the balance retained in this Court. Civil Application no. 15945 of 2010 has been filed by the Provident Fund Authorities seeking the withdrawal of ` 2,25,53,463/- together with the interest accrued thereon towards the Provident Fund contributions.
There can be no dispute that the Provident Fund Authorities have a prior charge over all other (4) WP.1015.2006+ dues in view of the judgment in the case of Maharashtra State Co-operative Bank Ltd. Vs. Assistant Provident Fund Commissioner and ors. (2009) 10 Supreme Court Cases 123.
Operative part
In these circumstances, the Provident Fund Authorities are permitted to withdraw an amount of ` 2,25,53,463/- together with interest as payable under the scheme framed under the Act of 1952 from the amount which is deposited in this Court. The balance amount, if any, shall be disbursed to the petitioner-bank alongwith the interest accrued thereon. Both the Petitions are disposed of accordingly.
In view of the order passed above, Civil Application no.852 of 2011 seeking intervention has become infructuous; the same stands dismissed. Consequently, Civil Application nos.1511 of 2010, 4909 of 2006, 1137 of 2006 of and 9173 of 2010, 4537 of 2010 and 15945 of 2010 stand disposed of. Sd/- Sd/- [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] arp/
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Both the Petitions are disposed of
Which statutory provisions did this judgment involve?
Employees Provident Fund and Miscellaneous Provisions Act, 1952.
Which court decided this case, and when?
Bombay High Court, on 29 Jul 2011. The bench was M T JOSHI.
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.