1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 3214/2007 M/s Field Spare Sales & Service vs. Assistant Provident Fund Commissioner. ------------------------------------------------------------------------------------------------------------------ Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ----------------------------------------------------------------------------------------------------------------- CORAM : A.P.LAVANDE, J DATE : 18.6.2008 Heard Mr. Dandekar, learned counsel for the petitioner and Shri Sundaram, learned counsel for the respondent. 2. By this petition, the petitioner has challenged the order 10.5.2007 passed under Section 7-A of the Employees Provident Funds and Misc. Provisions Act, 1952 (hereinafter referred to as 'The Act'). Mr. Sundaram, learned counsel for the respondent submits that the order passed under Section 7- A of the Act is appellable under Section 7(I) and the appeal lies to the Tribunal. Mr. Dandekar, the learned counsel for the petitioner submits that since the order was passed ex parte the petitioner did not chose to file an appeal under Section 7(I) of the Act but filed an application under Section 7-A(4) of the Act. This position has been disputed by Mr. Sundaram, learned counsel for the respondent. 3. Since appeal under Section 7(I) of the Act is maintainable against the impugned order dated 10.5.2007 Mr. Dandekar at this stage seeks leave to withdraw the petition with liberty to approach the Appellate Authority under Section 2` 7(I) of the Act and submits that the petitioner shall file an appeal within a period of four weeks from today and delay in filing the appeal be condoned since the petitioner was prosecuting the remedy of writ petition in good faith. 4. Since the remedy by way of appeal under Section 7(I) of the Act is available to the petitioner I deem it appropriate to permit the petitioner to withdraw the petition with liberty to file appeal before the Appellate Authority under Section 7(I) of the Act within a period of four weeks from today. Considering the facts and circumstances of the case I deem it appropriate to condone the delay in filing the appeal provided the petitioner files appeal within a period of four weeks from today. In case the petitioner files an appeal before the appropriate authority within a period of four weeks from today the appellate authority shall condone the delay and deal with the appeal and decide the appeal in accordance with law. It is made clear that in case the appeal is not preferred within a period of four weeks from today this order shall stand recalled and the writ petition shall stand dismissed. The amount deposited by the petitioner with respondent no.1 shall be adjusted in accordance with the order passed by the appellate court. 5. The petition stands disposed of as withdrawn with liberty sought for and subject to directions given above. Judge patle 3`