1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. LPA No. 252/2007 in Writ Petition No.2058/2007 (M/s Shiv Herbal Research Laboratory.vs. Assistant Provident Fund Commissioner and another) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= Mr. S.S. Ghate, Advocate for Appellant. Mr. R.S. Sundaram, Advocate for Respondents. .......... CORAM : K.J. ROHEE, & R.V.MORE, JJ DATED : FEBRUARY 21, 2008 1. Heard counsel for the parties. 2. While issuing notices of the writ petition, the learned Single Judge by order dated 8.5.2007 observed that prima facie it appears that it is not necessary for an employer to make statutory deposit of 75% of the amount due and payable in case of an order under Section 14-B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 and 2 granted ad-interim stay. By another order dated 2.8.2007 the learned Single Judge while issuing Rule, directed the petitioner/employer to deposit the amount as ordered by the Tribunal i.e. 50 % within eight weeks from the date of the order. The learned Single Judge has also directed that the appeal to be decided within four months. 3. It was strenuously urged by the learned counsel for the petitioner that when there was no statutory requirement to make deposit of 75 % as accepted by the learned Single Judge by order dated 8.5.2007, it was not necessary to direct the petitioner to deposit 50% of the amount. It may be true that that there was no statutory requirement as stated by the learned counsel for the appellant but the learned Single Judge in his discretion directed the petitioner to deposit 50 % of the amount and in LPA we are not inclined to interfere with the discretion exercised by the learned Single Judge. The appeal is, therefore, dismissed. JUDGE JUDGE halwai