1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5273 OF 2011 ASHAI INFRASTRUCTURE AND PROJECT LTD. ..VERSUS.. ASSISTANT P.F. COMMISSIONER AND ANOTHER Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. -------------------------------------------------------------------------------------------------------------------------------------------- Mr. V. M. Deshpande, Advocate for the petitioner CORAM : SMT. VASANTI A. NAIK, J. DATED : 19 th OCTO BER , 2011 . Heard Mr. V. M. Deshpande, the learned counsel for the petitioner. The petitioner cannot be permitted to find any fault with the order passed by the Provident Fund Appellate Tribunal on 15th July, 2011, directing the petitioner to deposit 40% of the assessed amount under Section 7-A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, specially when the learned counsel for the petitioner worked out the matter for admission of the appeal and had not filed any application before the Tribunal for waiver of the mandatory deposit. In this background, it cannot be said that the Provident Fund Appellate Tribunal committed any error in directing the petitioner to deposit 40% of the assessed amount while admitting the appeal under Section 7-I of the Act of 1952. In fact, when the petitioner had not applied for waiver of the amount of mandatory deposit, the petitioner cannot be aggrieved by the order directing the petitioner to deposit 40% of the assessed amount, as that is surely an order favourable to the petitioner. 2 Hence, for the reasons aforesaid, the writ petition is dismissed with no order as to costs. JUDGE Diwale