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Karnataka High Court

M/S. Ozone Projects Pvt Ltd vs Regional Provident Fund ... on 22 August, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                            -1-
                                                            NC: 2024:KHC:33802
                                                     WP No. 20271 of 2024




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 22ND DAY OF AUGUST, 2024

                                         BEFORE
                        THE HON'BLE MR JUSTICE M.G.S. KAMAL
                    WRIT PETITION NO. 20271 OF 2024 (L-PF)
               BETWEEN:
                  M/S. OZONE PROJECTS PVT LTD.,
                  NO 38, HULSUR ROAD,
                  YELLAPPA GARDEN
                  YELLAPPACHETTY LAYOUT,
                  BENGALURU - 560 042
                  A COMPANY INCORPORATED UNDER
                  COMPANIES ACT 1956 ENGAGED IN
                  CONSTRUCTION PROJECTS
                  REPRESENTED THROUGH ITS
                  AVP ACCOUNTS AND FINANCE
                  MR. SREEHARI.
                                                                  ...PETITIONER
               (BY SRI. B C PRABHAKAR.,ADVOCATE)
               AND:
                    REGIONAL PROVIDENT FUND COMMISSIONER-II
                    EMPLOYEES' PROVIDENT FUND ORGANIZATION
                    BHAVISHYA NIDHI BHAVAN
                    MALLESHWARAM, REGION NO 13,
Digitally           RAJA RAM MOHAN ROY ROAD,
signed by           BENGALURU - 560 025.
SUMA B N
                                                                 ...RESPONDENT
Location:
High Court     (BY SRI. M. PRADEEP.,ADVOCATE)
of Karnataka
                    THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
               CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS LEADING
               TO THE PASSING OF THE ORDER PASSED UNDER SECTION 7A OF
               THE   EMPLOYEES   PROVIDENT    FUND   AND   MISCELLANEOUS
               PROVISIONS ACT, 1952 VIDE NO. KN/BN/RO/BNG(M)/2D/41966/
               COMP/2024-25/26 DATED: 28.05.2024 (ANNX-A).

                    THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
               WAS MADE THEREIN AS UNDER:

               CORAM:     HON'BLE MR JUSTICE M.G.S. KAMAL
                                -2-
                                              NC: 2024:KHC:33802
                                            WP No. 20271 of 2024




                        ORAL ORDER

The petitioner is before this Court challenging the demand made under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 by the respondent-Regional Provident Fund Commissioner-II.

2. Sri.B.C.Prabhakar, learned counsel for the petitioner submits that he has already filed an appeal before CGIT on 24.07.2024 and the matter is scheduled to be heard on 24.09.2024. He further submits that if interim protection granted and extended till the order an application by the Tribunal, the ends of Justice would be met.

3. Submission is taken on record.

4. This Court by order dated 01.08.2024 had directed the respondent not to precipitate with the matter. Said interim order shall continue till the petitioner seeks appropriate interim order by CGIT in the pending appeal.

With the above observation, petition is disposed of.

Sd/-

(M.G.S. KAMAL) JUDGE RL