:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1532 OF 2008 Parwani Builders Pvt. Ltd. ..Petitioner Vs. The Employees Provident Fund Organization and anr. ..Respondents Mr. A.D. Patwardhan for petitioner. Mr. Suresh Kumar for respondents. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : March 10, 2008. Date : March 10, 2008. Date : March 10, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Patwardhan the learned counsel for the petitioner - company. Mr. Suresh Kumar appears for the respondents. 2. Being aggrieved by the order dated 8/1/2008 passed by the Assistant Provident Fund Commissioner, Regional Office at Nagpur determining the recovery amount of Rs.38,02,124/-, the petitioner - company has already filed an appeal before the Appellate Tribunal :2: under Section 7-I of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. However, for some reasons or the other the said appeal as well as the application filed for stay to the execution of the order passed by the respondent no.1 could not be heard and in the meanwhile the petitioner apprehends that the respondents may resort to coercive action for recovery of the said amount. Mr. Patwardhan, therefore, prays for stay to the execution of the order which is under challenge in the appeal till the application for interim relief filed in the appeal is heard and decided by the Appellate Tribunal. He also undertakes that the petitioner - company will deposit the entire amount of recovery of Rs.38,02,124/- within one week. 3. Hence, it is directed that the respondents shall not take any steps for the execution of the order passed under Section 7-A on 27/9/2007 as well as the order passed under Section 7-B dated 8/1/2008 till the pending appeal before the Appellate Tribunal is heard and decided, on the condition that the amount of Rs.38,02,124/- is deposited by the petitioner-company :3: with the Assistant Provident Fund Commissioner, Regional Office at Nagpur within one week. The order dated 28/1/2008 stands quashed and set aside on deposit of the aforesaid amount. It is made clear that the pending appeal will have to be decided on its own merits without being influenced by the deposit so made by the petitioner-company. 4. The petition stands disposed off accordingly. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)