Zoomcar India Private Limited vs Regional Provident Fund on 3 June, 2019

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Karnataka High Court

Zoomcar India Private Limited vs Regional Provident Fund on 3 June, 2019

Bench: P.B. Bajanthri

                        1




       IN THE HIGH COURT OF KARNATAKA AT

                   BENGALURU

       DATED THIS THE 3RD DAY OF JUNE, 2019

                     BEFORE

     THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

           W.P. NO.22379 OF 2019(L-PF)

BETWEEN:

ZOOMCAR INDIA PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES
ACT, 1956 WITH ITS REGISTERED
ADDRESS AT, 7TH FLOOR, TOWER-B
DIAMOND DISTRICT, 150, HAL AIRPORT
ROAD, KODIHALLI
BANGALORE - 560 008
THROUGH ITS AUTHORISED SIGNATORY
MS. SHUCHI SINGH.                  ..PETITIONER
(BY SRI. C.K. NANDAKUMAR., ADVOCATE)

AND:

1.    REGIONAL PROVIDENT FUND
      COMMISSIONER
      EMPLOYEES PROVIDENT FUND
      ORGANISATION, REGIONAL OFFICE
      BHAVISHYA NIDHI BHAWAN
      NO.13, RAJA RAM MOHAN ROY ROAD
      BANGALORE - 560 025.

2.    ASSISTANT PROVIDENT
      COMMISSIONER
      AND RECOVERY OFFICER
      REGIONAL OFFICE, BHAVISHYA
      NIDHI BHAWAN, NO.13
                            2




     RAJA RAM MOHAN ROY ROAD
     BANGALORE - 560 025.    ... RESPONDENTS

    THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING   TO    QUASH   THE    DEMAND   NOTICE
DATED:08.05.2019 ISSUED BY THE R-2 DEMANDING
PAYMENT OF A SUM OF RS.25,07,513/- (RUPEES
TWENTY FIVE LAKH SEVEN THOUSAND FIVE HUNDRED
AND   THIRTEEN    ONLY)   TO   THE  PETITIONER
(ANNEXURE-A)

    THIS PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE
FOLLOWING:-


                       ORDER

In the instant petition, petitioner has assailed the demand notice dated 08.05.2019 vide Annexure- A. Undisputedly, petitioner has assailed the order dated 20.05.2019 before the Employees' Provident Funds Appellate Tribunal (for short 'the EPFAT') which is pending consideration.

2. Reasons for approaching this Court is that the EPFAT has failed to consider the petitioner's interim prayer. It is for the petitioner to make necessary endeavor to consider the interim prayer. Thus, petitioner has not made out a case so as to 3 interfere with the notice dated 08.05.2019 r/w order dated 20.05.2019 since the matter is seized by the EPFAT.

Accordingly, petition stands disposed off with an observation that EPFAT is hereby directed to consider the interim relief sought by the petitioner within a reasonable period.

Sd/-

JUDGE BS

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Karnataka High Court