1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4427 OF 2008 ( Jawahar Shetkari Sahakari Ginning Pressing Society vs. Asstt. Provident Fund Commissioner ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 16, 2008. Heard finally Shri Kilor, learned counsel for the petitioner and Shri Sundaram, learned counsel for the respondent. Shri Kilor, learned counsel states that the petitioner did not get an opportunity as notice was never served upon the petitioner. He further invites attention to the impugned order dated 18.7.2003 to point out that the order also does not consider necessary facts to show that the establishment of the petitioner was rightly covered under the provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1960. Shri Sundaram, learned counsel for the respondent states that the order is sought to be challenged after five years. He further states that the impugned order itself shows that the manager of the petitioner by name S.D. Rajapolahe had appeared on 30.4.2002 and thereafter stopped 2 appearing. He contends that as there was no opposition from the petitioner, the reports of inspection were accepted and the unit is held to be covered. After hearing respective counsel, it is noticed that said manager of the petitioner appeared on 30.4.2002. The matter was thereafter adjourned to various dates i.e. at least on 15 occasions up to 7.7.2003. On all subsequent dates, there was no appearance on behalf of the petitioner and there is nothing before this Court to show that these subsequent dates or any of the dates was communicated to the petitioner. During arguments, it has transpired that for recovery of an amount of Rs.13,51,824/-, the immovable property of the petitioner – industry was auctioned. In these circumstances, I am inclined to give one opportunity to the petitioner to appear before the respondent and to contest the matter, however, subject to payment of cost of Rs.10,000/- by the petitioner to the respondent. The said amount be deposited on or before 15.1.2009. Upon receipt of said amount, the respondent to proceed to hear the petitioner. The petitioner shall appear before the respondent for said purpose on 15.1.2009 and shall 3 abide by its further instructions in the matter. Writ Petition is disposed of. Rule accordingly. JUDGE *GS.