M/S.Arihant Roadways Pvt Ltd vs The Asst Provident Fund on 18 November, 2010

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Karnataka High Court

M/S.Arihant Roadways Pvt Ltd vs The Asst Provident Fund on 18 November, 2010

Bench: V.Jagannathan

I
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

Dated: This the 18111 day OfNOV€l'I1b€}I' 2010.:
BEFORE   

THE HONBLE MRJUSTICE    _

w.P.No.22577/201.0. fL--PF) "  I' X  I

BETWEEN:

M / S ARIHANT ROADWAYS PVT  _ 
A COMPANY INCORPORATED_{H\1DER_   _
THE COMPANIES ACT,W1_95_6,vV_ jy  I ..
REGD. OFFICE'#.I3/2'2, K  Y 'NILAYA,  *
3RD MAIN ROALEIIALASIPALYAIM;  I 
NEW  'V       .
BANGALC*RE.s5'60    
BY ITS D1REC'I'CIR _- F~..HRIi{..JAIN.

 Y. *2 '  ' _  PETITIONER

(By SrI--._I  

AI\I;'-3:"

If  ASST. PROVIDENT FUND COMMISSIONER,
% :RARNA.TAI<:A,_ No.13.
 .RA,1AR.A"M_I»IOHAN ROY ROAD,

 {By STI RARIKRISHNA HOLLA, ADV.}

'EANGALOR_Ei560 025.
  -   RESPONDENT

  THIS W.P FILED PRAYING TO QUASH THE
=,ORDERS DATED 03.02.2010 PASSED BY THE
 _'  'EMPLOYEES FUND APPELLATE TRIBUNAL, CAMP
" PM _..COURT AT KOCHI AT ANNEXURE F AND

CONSEQUENTLY SET ASIDE THE EXPARTE ORDER
DATED 07.01.2004 PASSED BY THE RESPONDENT
WHICH IS APPENDED AT ANNEXURE A TO THE
PETITION.

 



2
THIS PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE 

FOLLOVVING:
ORDER

Heard learned counsel Sri. J. it Una' petitioner and Sri. Harikrishna Hollalis .;direcrted"Vto take notice for the respondent --lAs:s-t_. Provident"

Commissioner.» _ '

2. .l.:1;he':.:petitioner is that, the orderplasse.d_vbv:3:'ftheO:'respondent pursuant to Section 7~--~A upon the petitioner to dete-rminedthe 'cc'ntrib1ition over Rs.3O lakhs, was an Aeiiparte order the said order was called in this court in W.P.No.283l6/04 and said petition was disposed of directing the petitionher to seek alternate remedy available under 7 --I of the Employees Provident Funds & " ""l\/Iiscellaneous Provisions Act. Secondly the petitioner moved the Appellate Tribunal at New Delhi and ATA No.lO5(6)/2005 came to be dismissed and the main we 4 law and the matter be remanded to the Asst. Commissioner for fresh disposal. V.

4. Learned counsel for the respondentVr».a_Is.Q submitted that, if the court is inclined . the submission made by the petitioners"Counsel;_in., "' View of the infirmity pointed out by the Appeliatve Trib'u.n:a1 the matter be §.Q%1sid'e'ration.

sides, this Writ petition it hyretiashing the impugned orders the matter is remitted to theighsst. Provident: Fund Commissioner, for fresh »eo1j1sideration__ in accordance with law. The H shall take note of the amount already deijosited' the petitioner while disposing of the case » in "accordance with law, on merits. 3d/-3 Dvrz

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