1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.19 OF 2007. Sanjay S/o Kashinathrao Kale ... Petitioner. Versus Union of India and others ... Respondents. ... Mr.J.N.Singh, advocate for the petitioner. Mr.K.B.Choudhary, Standing counsel for Respondent Nos.3 and 4. Respondent No.1 served - absent. ... CORAM : V.R.KINGAONKAR,J. Date : 19.06.2009. PER COURT 1. The order rendered by the Assistant Provident Fund Commissioner (Compliance), Aurangabad is admittedly subject matter of challenge by way of appeal preferred by the petitioner. 2 2. The petitioner has deposited an amount of Rs.5,50,000/- (Rupees five lacs fifty thousand) in the office of the Assistant Provident Fund Commissioner. 3. Since the petitioner has already availed the appellate remedy, it is not necessary to consider legality and validity of the order rendered by the Assistant Provident Fund Commissioner on merits. The petitioner would be at liberty to agitate all the relevant questions before the Appellate Authority, including the question pertaining to benefit of infancy period and other contentions viz. applicability of the Provident Fund Act itself to the petitioner so on and so forth. The Assistant Provident Fund Commissioner has determined liability of at Rs. 27,68,960-16. In the interest of justice, the petitioner is directed to deposit an additional amount of Rs.3,00,000/-(Rupees three lacs) within a period of four (4) weeks in the office of the Assistant Provident Fund Commissioner, Aurangabad and thereafter the Appellate Authority shall hear 3 the appeal as per the law. The reduction of the amount in respect of deposit is made having regard to probable exemption available in regard to the three years infancy period. The Appellate Authority, however, may permit production of record by both the sides and the petitioner may be heard if not more than three (3) adjournments are sought. In other words, the petitioner shall not seek more than three (3) adjournments for production of the record and for hearing when the Tribunal is at camp at Aurangabad. The petitioner to appear before the Appellate Authority after depositing of the additional amount on 4.8.2009. The appeal No.754(9)/2006 shall be expeditiously decided. The petition is disposed of in the light of the above directions. (V.R.KINGAONKAR,J.) asp/office/wp1907