M/S. K. B. Ispat Pvt. Ltd vs Enforcement Officer, Employees ... on 15 November, 2021

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Gujarat High Court

M/S. K. B. Ispat Pvt. Ltd vs Enforcement Officer, Employees ... on 15 November, 2021

Bench: A.S. Supehia

     C/SCA/16842/2021                              ORDER DATED: 15/11/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 16842 of 2021

==========================================================
                  M/S. K. B. ISPAT PVT. LTD.
                             Versus
       ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND
                       ORGANISATION
==========================================================
Appearance:
MR VATSAL S PARIKH, ADVOCATE for the Petitioner
==========================================================

 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                               Date : 15/11/2021

                                ORAL ORDER

1. The present writ petition has been filed seeking following prayers.

"8. (A) To be pleased to admit and allow the present petition.

(B) To be pleased to stay implementation and execution of the Order dated 01.11.2021 passed by the Respondent No.2 herein u/s. 8F

- at Annexure-A until the competent authority i.e. Ld. CGIT and EPFAT Ahmedabad hears and decides the appeal and injunction of the petitioner company;

(C) Pending the admission, hearing and final disposal of the present petition, this Hon'ble Court be pleased to restrain the respondents from initiating any coercive action against the Page 1 of 2 Downloaded on : Wed Jan 12 00:45:51 IST 2022 C/SCA/16842/2021 ORDER DATED: 15/11/2021 petitioner including action under sections 8B to 8G of the Act in pursuance of the order dated 29.09.2021 passed by the respondent u/s 7A of the Act - at Annexure-B. (D) An exparte ad interim relief in terms of paragraph 8(B) & 8(c) above may kindly be granted."

2. Mr. Vatsal, learned advocate appearing for the petitioner has submitted that the writ petitioner has already filed an appeal before the CGIT, Ahmedabad and the same would be listed on 17.11.2021. He has submitted that however till the next date of hearing, this Court may protect the present petitioner, since the account would be freezed by the Bank.

3. In the considered opinion of the Court, the writ petition is misconceived, as it is always open for the petitioner to point out the aforesaid fact before the CGIT and the CGIT is empowered to pass appropriate order defreezing the account and also to give appropriate relief to the petitioner.

4. In this view of the matter, since the appeal of the petitioner is already listed on 17.11.2021, the present writ petition is not maintainable and the same is summarily rejected.

(A. S. SUPEHIA, J) MAHESH BHATI Page 2 of 2 Downloaded on : Wed Jan 12 00:45:51 IST 2022

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