bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 581 OF 2008 PETITION NO. 581 OF 2008 PETITION NO. 581 OF 2008 M/s.Fernhill Import & Export & Trading ... Petitioners V/s Asstt. Provident Fund Commissioner & Recovery Officer & ors. ... Respondents Ms.Arti Banerjee i/by Little & Co. for the petitioners. Mr.Suresh Kumar for the respondent No.1 Ms.Sharmila Deshmukh for the respondent No.2. CORAM: CORAM: CORAM: J.N.PATEL AND J.N.PATEL AND J.N.PATEL AND SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: DATED: DATED: 14TH MARCH, 2008. 14TH MARCH, 2008. 14TH MARCH, 2008. P.C. P.C. P.C.: 1. Heard learned counsel for the parties. 2. By our earlier order dated 20.1.2008 the respondent Bank was directed to deposit a sum of Rs.10 lacs in this Court. Accordingly the respondent Bank has deposited the amount in this Court. The Provident Fund Commissioner has raised the demand for a sum of Rs.9,47,772/- in respect of the Provident Fund dues of the employees who were working with the respondent No.2. Accordingly, the petition can be disposed of by giving liberty to the respondent No.1 to withdraw the amount of Rs.9,47,772/- from the amount deposited by the 2 respondent Bank in this Court. The balance amount shall be returned to the Bank i.e. the respondent No.3 herein. Thus, the claim made by the respondent No.3 against the petitioners, who are the auction purchasers, would be satisfied. 3. We expect that once the respondent No.1 withdraws the amount from this Court, the Provident Fund dues of the workmen will be settled expeditiously. 4. Petition stands disposed of accordingly. (J.N. (J.N. (J.N. PATEL, J.) PATEL, J.) PATEL, J.) (SMT.NISHITA (SMT.NISHITA (SMT.NISHITA MHATRE, J.) MHATRE, J.) MHATRE, J.)