Karnataka High Court
M/S Avesthagen Limited vs The Regional Provident Fund ... on 10 January, 2020
Author: S.Sujatha
Bench: S.Sujatha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2020
BEFORE:
THE HON'BLE MRS. JUSTICE S.SUJATHA
WRIT PETITION No.17096/2017 c/w
W.P.No.10472/2018, W.P.No.33513/2017,
W.P.No.121/2017 AND W.P.No.21569/2017 (L - PF)
W.P.No.17096/2017:
BETWEEN:
M/s AVESTHAGEN LIMITED
A COMPANY INCORPORATED
UNDER COMPANIES ACT, 1956
HAVING ITS OFFICE AT BUILDING,
AVESTHAGEN ONE, 7/6,
BRUTON ROAD, BANGALORE- 560025
REP BY ITS MANAGING DIRECTOR
Dr. VILLOO PATELL ...PETITIONER
(BY SMT.ANNU BHARDWAJ, ADV. FOR
SRI HARIKRISHNA S. HOLLA, ADV.)
AND:
THE REGIONAL PROVIDENT
FUND COMMISSIONER
SUB-REGIONAL OFFICE, No.36,
LAKSHMI COMPLEX, NH-K.R.PURAM
BANGALORE - 560036 ...RESPONDENT
(BY SRI K.S.VENKATARAMANA, ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER DATED 05.04.2017 (ANNEXURE-K) PASSED BY THE
RESPONDENT.
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W.P.No.10472/2018:
BETWEEN:
M/s AVESTHAGEN LTD.,
A COMPANY INCORPORATED
UNDER COMPANIES ACT, 1956
HAVING ITS OFFICE AT 43/39,
4TH FLOOR, 2ND CROSS,
PROMENADE ROAD,
FRAZER TOWN, BANGALORE- 560005
REP BY ITS MANAGING DIRECTOR
Mrs. VILLOO PATTEL ...PETITIONER
(BY SMT.ANNU BHARDWAJ, ADV. FOR
SRI HARIKRISHNA S. HOLLA, ADV.)
AND:
1. THE REGIONAL PROVIDENT FUND
COMMISSIONER IN KARNATAKA,
SUB-REGIONAL OFFICE,
K.R.PURAM, BANGALORE-560034
2. THE ASSISTANT PROVIDENT
FUND COMMISSIONER,
SUB-REGIONAL OFFICE,
K.R.PURAM, BANGALORE-560034
3. Mr. M.P.VARGHESE
THE ADDITIONAL CENTRAL
PROVIDENT FUND COMMISSIONER,
"KAVERI", BHAVISHYANIDHI ENCLAVE,
HMT MAIN ROAD, JALAHALLI,
BANGALORE-560013
4. Dr. NIRMALA NAIR
D/O MAGESH RAJAGOPAL
AGED ABOUT 49 YEARS
SENIOR ASSOCIATE,
FORMER UPSTREAM PROCESS MANAGER
R/AT INDIGO 707, H.M.WORLD CITY
J.P.NAGAR, 9TH PHASE, BENGALURU-560062.
5. Dr. B.NABI
S/O R.S.BABU
-3-
AGED ABOUT 43 YEARS
SENIOR ASSOCIATE,
DOWN STREAM PROCESS,
R/AT No.53, TNEB COLONY,
BHARATHIPURAM,
DHARMAPURI, TAMIL NADU-636705
6. S.SELVAN
S/O J.SWAMYNATHAN,
AGED ABOUT 47 YEARS
DOWN STREAM PROCESS MANAGER,
R/AT PLOT No.129, WHITE CITY LAYOUT
SEEGEHALLI, VIRGO NAGAR,
K.R.PURAM, BENGALURU-560049.
7. Dr. SUNIT MAITY
S/O KANAILAL MAITY
AGED ABOUT 46 YEARS
UP STREAM PROCESS MANAGER,
R/AT INDIGO 707, H.M.WORLD CITY
J.P.NAGAR 9TH PHASE,
BENGALURU-560062.
8. P.RAGHUNATH
S/O VENKAT RAO,
AGED ABOUT 40 YEARS
FORMER MANAGER (FINANCE)
SEEGEHALLI, VIRGO NAGAR
BENGALURU-560049.
9. PAWAN BHOITKA
S/O R.S.BHOITKA
AGED ABOUT 67 YEARS
CEO, R/AT B-001,
OSCAR ORCHARD APARTMENT,
'A' BLOCK, SAHAKARNAGAR,
BENGALURU.
(CAUSE TITLE AMENDED VIDE
COURT ORDER DATED 30.01.2019.) ...RESPONDENTS
(BY SRI DINESH S. KADLAS, ADV. FOR R-1 & R-3;
SRI K.S.VENKATARAMANA, ADV. FOR R-2;
SRI SUBBARAO & CO., ADVS. FOR R-4 TO R-9.)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE RESPONDENTS TO CONSIDER THE REQUEST OF
PETITIONERS FOR REFUND OF THE AMOUNT PAID IN EXCESS
TO THE FUND TO AN EXTENT OF RS.94,58,967/- (RUPEES
NINETY FOUR LAKHS FIFTY EIGHT THOUSAND NINE HUNDRED
& SIXTY SEVEN ONLY) TOGETHER WITH INTEREST AT THE
RATE OF 12% P.A. VIDE ANNEXURE-L.
W.P.No.33513/2017:
BETWEEN:
1. Mrs. VILLOO PATELL
W/O ZAREER MINOO PATELL,
AGED 61 YEARS, NO.43/39,
4TH FLOOR, WARD NO.91,
PROMENADE ROAD,
2ND CROSS, BANGALORE-560 005.
2. M/s AVESTHAGEN LIMITED
A COMPANY INCORPORATED UNDER
COMPANIES ACT, 1956 HAVING ITS
OFFICE AT NO.43/39, 4TH FLOOR
WARD NO.91, PROMENADE ROAD,
2ND CROSS, BANGALORE-560 005
REP BY ITS MANAGING DIRECTOR ...PETITIONERS
(BY SMT.ANNU BHARDWAJ, ADV. FOR
SRI HARIKRISHNA S. HOLLA, ADV.)
AND:
THE REGIONAL PROVIDENT
FUND COMMISSIONER
SUB-REGIONAL OFFICE,
NO.36, LAKSHMI COMPLEX,
NH-K.R.PURAM
BANGALORE-560 036. ...RESPONDENT
(BY SRI K.S.VENKATARAMANA, ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
PROHIBITORY ORDER DATED 13.06.2017 AS NULL AND VOID
ANNEXURE-E.
-5-
W.P.No.121/2017:
BETWEEN:
M/s AVESTA NORDIC RESEARCH PVT. LTD.,
A COMPANY INCORPORATED
UNDER COMPANIES ACT, 1956
HAVING ITS OFFICE OF REGUS-U.B. CITY
CONCORDE, 15TH FLOOR,
VITAL MALYA ROAD, BANGALORE-560 001
REP BY ITS MANAGING DIRECTOR
Dr. VILLO PATELL ...PETITIONER
(BY SMT.ANNU BHARDWAJ, ADV. FOR
SRI HARIKRISHNA S. HOLLA, ADV.)
AND:
1. THE REGIONAL PROVIDENT
FUND COMMISSIONER
SUB-REGIONAL OFFICE
NO.36, LAKSHMI COMPLEX
NH-K.R.PURAM, BANGALORE-560 036
2. THE BRANCH MANAGER
DEUTSCHE BANK
RAHEJA TOWERS, M.G.ROAD,
BENGALURU-560 001 ...RESPONDENTS
(BY SRI K.S.VENKATARAMANA, ADV. FOR R-1;
SRI MAHABALESHWARA G.C., ADV. FOR R-2.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
PROHIBITORY ORDER DATED 21.12.2016 ISSUED BY THE R-1
(ANNEXURE-C).
W.P.No.21569/2017:
BETWEEN:
M/s AVESTHAGEN LIMITED
A COMPANY INCORPORATED
UNDER COMPANIES ACT, 1956,
HAVING ITS NO.43/39, 4TH FLOOR
WARD NO.91, PROMENADE ROAD,
-6-
SECOND CROSS, BANGALORE-560 005
REP BY ITS MANAGING DIRECTOR,
Dr. VILLOO PATELL ...PETITIONER
(BY SMT.ANNU BHARDWAJ, ADV. FOR
SRI HARIKRISHNA S. HOLLA, ADV.)
AND:
THE REGIONAL PROVIDENT
FUND COMMISSIONER,
SUB-REGIONAL OFFICE,
NO.36, LAKSHMI COMPLEX,
NH-K.R.PURAM
BANGALORE-560036 ...RESPONDENT
(BY SRI K.S.VENKATARAMANA, ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
RESPONDENT TO CONSIDER THE REQUEST OF THE
PETITIONER VIDE ANNEXURE-F FOR PAYMENT OF INTEREST
AMOUNTING TO RS.16,81,742/- IN EASY INSTALLMENTS OF
RS.1,00,000/- PER MONTH COMMENCING FROM JUNE 2017.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
These petitions involving similar and akin issues, have been heard together and are disposed of by this common order.
2. The petitioners have sought for a direction to the respondents to consider the request of the -7- petitioners for refund of the amount paid in excess to the Provident Fund, together with interest at the rate of 12% p.a., inter alia challenging the order dated 05.04.2017 passed by the respondent, rejecting the Review Petition and the Prohibitory Order dated 21.12.2016, 13.06.2017 issued by the respondent - The Regional Provident Fund Commissioner/Assistant Provident Fund Commissioner and Recovery Officer.
3. It is ex-facie apparent that the petitioners have rushed to this Court without exhausting the alternative and efficacious remedy available under the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ['Act' for short]. Such writ petitions filed by the petitioner/s circumventing the alternative and efficacious remedy cannot be entertained.
4. Hence, the writ petitions stand disposed of, with liberty to the petitioner/s to avail the statutory -8- remedy available under the provisions of the Act. If such proceedings are initiated by the petitioners within a period of two weeks from the date of receipt of certified copy of the order, the Appellate Authority shall consider the same on merits without objecting to the period of limitation.
All the rights and contentions of the parties are left open.
No precipitative action shall be initiated by the respondents for a period of four weeks.
Sd/-
JUDGE NC.