IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF OCTOBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY WRIT PETITION NO : 18719 of 2004 Between: M/s Hyderabad Food Products Pvt.Ltd., 1-1-712, Gandhi Nagar, Hyderabad rep.by its Director Sri Ajay Modi, S/o Purushotham Modi, aged about 43 years ..... PETITIONER AND 1 Employees Provident Fund Organisation, Sub-Account Office, Balanagar, Kukatpally, Hyderabad 2 EPF Appellate Tribunal No.60, Skylark Buildings, Nehru Place, New Delhi .....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 issue suitable order, direction or a Writ particularly one in the nature of Mandamus declaring action of the 1st respondent in claiming contributions and interest and damages are illegal and contrary to provisions of the EPF Act and consequently set a side the notice of demand bearing No. SAO/KKP/AP/22412/R.C.No. 119/04/2004/830 dated 6-7-2004 issued by the 1st respondent. Counsel for the Petitioner:MR.C.NIRAJAN RAO Counsel for the Respondent No.1: MR.R.N.REDDY, Standing Counsel Counsel for the Respondent No.2:---- The Court at the stage of admission made the following ORDER: Pursuant to the notice dated 31-07-2003 issued by the first respondent under Section 7(Q) and 14(B) of Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for short “the Act”), the petitioner submitted a letter dated 12- 08-2003 but the first respondent without considering the same issued prohibitory order. Aggrieved by the same, the petitioner preferred an appeal before the second respondent-Employees Provident Fund Appellate Tribunal, New Delhi, (for short “the Tribunal”). As the Tribunal is not functioning, the petitioner could not obtain any interim order pursuant to the demand made by the first respondent. Therefore, the petitioner moved this Court by way of present writ petition. It is well settled provision that when the statutory appeal filed by the petitioner is pending, against the very same order, the writ petition cannot be entertained. Having regard to the facts and circumstances of the case, on petitioner depositing 50% of the amount so demanded within a period of six weeks from the date of receipt of a copy of this order, all further steps pursuant to the impugned order are stayed pending disposal of the appeal. On such depositing, the appellate authority shall proceed with the same without insisting for deposit of 75% of the amount. The amount so deposited shall be subject to the result of the appeal filed by the petitioner. Subject to the above observations, the writ petition is disposed of. No costs. 12th OCTOBER, 2004. kvni To 1 The Employees Provident Fund Organisation, Sub-Account Office, Balanagar, Kukatpally, Hyderabad 2 EPF Appellate Tribunal No.60, Skylark Buildings, Nehru Place, New Delhi 3 Two CD copies.