IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2275 of 2009 Between: M/s. Visakhapatnam District Scheduled Castes Co-operative Society Ltd. Samkshema Bhavan, Sector-6, MVP Colony, Visakhapatnam, Visakhapatnam District, Rep by its Executive Director ..... PETITIONER AND 1 The Asst. Provident Fund Commissioner, Employees Provident Fund Organization, Sub-Regional Office, NAD Post, Visakhapatnam - 530 009, A.P. 2 The Branch Manager, State Bank of Hyderabad, MVP Colony Branch, Visakhapatnam. 3 The Branch Manager, Bank of Baroda, MVP Colony Branch, Visakhapatnam. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to call for the records pertaining to the impugned proceedings No. AP/VP/PD Cell/Circle-51/AP/17485/2008/2712 DT. 08-12-2008 of the 1st respondent and set aside the same by issuing Writ of Ceritiorari as being illegal, arbitrary and contrary to the provisions of Employees Provident Funds and Miscellaneous provisions Act, 1952 and pass Counsel for the Petitioner:MR.M.GANGA RAO Counsel for the Respondent No.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : O R D E R:- Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents. The petitioner questions the Proceedings dated 8.12.2008 issued by the 1st respondent-Assistant Provident Fund Commissioner under Section 14-B of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short “the Act”). Admittedly, against the impugned Proceedings, an appeal lies to the Appellate Tribunal under Section 7-1 of the Act. Having regard to the facts and circumstances of the case, the petitioner is permitted to file an appeal before the appropriate Tribunal against the impugned Proceedings, within a period of four weeks from the date of receipt of a copy of this order, and if any such appeal is filed, there shall be stay of recovery of the demanded amount in question, subject to the condition that the petitioner deposits half of the demanded amount, within a period of six weeks from today. With the above observations, the writ petition is disposed of. No order as to costs. ______________ N.V.RAMANA, J 9th February, 2009 Note: Issue wire at party’s cost. B/o ksr