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Madhya Pradesh High Court

M/S Ambika Traders vs Assistant Provident Fund Commissioner on 6 January, 2012

                                  1
                         W.P. No.163/2012
          M/s Ambika Traders vs. Assistant Fund Commissioner



06.01.2012


      Shri Sanjay Agrawal learned counsel for the
petitioner.
      Shri     J.   K.    Pillai   learned     counsel         for   the
respondent, on Caveat.

Heard on the question of admission and interim relief.

The petitioner has filed this petition being aggrieved by orders dated 7.10.2011 and 5.12.2011 passed under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.

It is fairly stated by the learned counsel for the petitioner that though the impugned orders is appealable, the petitioner has filed this petition as the Appellate Authority was not available at the time of filing of the petition.

The learned counsel entering appearance on behalf of the respondent, on Caveat, submits that the Appellate Authority has taken over charge and is functioning since 2nd December 2011.

In view of the aforesaid statement of the learned counsel for the respondent, the petition filed by the petitioner is disposed of with liberty to the petitioner to assail the impugned orders before the Appellate Authority in accordance with law.

M/s Ambika Traders vs. Assistant Fund Commissioner It is made clear that in case the petitioner moves an application for condonation of the delay, in view of the proceedings that had been taken up by it in the intervening period, the same shall be duly considered by the authority.

With the aforesaid liberty/observation, the petition filed by the petitioner stands disposed of.

C.C as per rules.

( R. S. JHA ) JUDGE mms/-