IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Interim Relief Application No.2999 of 2010 In Writ Petition No. 609 of 2010 (M/S) The Bazpur Cooperative Sugar Factory Limited Post Office Bazpur- Udham Singh Nagar, Through its General Manager. ……Petitioner. Versus Employees Provident Fund Organization and four others. ….Respondents. Mr. T.A. Khan, Advocate for the petitioner. Mr. D.S. Patni, Advocate for the respondent Nos. 1 to 3. Mr. S.K. Jain, Advocate for the respondent No.4. Dated: -29-04-2010 Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari for quashing the order dated 23-04-2010 passed by the respondent No.3 annexed as annexure No. 2 to the writ petition whereby the State Bank of India-respondent No.4-Branch Bazpur has been requested to recover the amount of Rs. 4,71,5522/- from the petitioner. The same letter has been written to the other banks also. Learned counsel for the respondent No. 4- Bank has informed to the Court that the amount of Rs. 8,63,000/- has been recovered and the draft has been prepared which is to be sent to the authority concerned. During the course of arguments, learned counsel for the petitioner has prayed that the petitioner has statutory right to file an appeal and as a condition precedent to file an appeal, firstly he has to deposit 75% of the demanded amount as has been provided under Section 7 O of the Employees Provident Fund and Misc. Provisions Act, 1952 (hereinafter referred to an ‘Act’). 2 The petitioner could not approach the appellate tribunal, since the petitioner had filed one writ petition No. 544 of 2010(M/S), The Bazpur Cooperative Sugar Factor Limited Vs. Employees Provident Fund Organization, for quashing the order dated 01-04- 2010 passed by the respondent No.3. This court on 17-04-2010 disposed of the said writ petition on the ground of alternate remedy and it was also observed in the order that the petitioner may also apply under proviso Section 7O for reducing the amount to be deposited at the time of filing an appeal. The amount of Rs. 8,63,000/- has already been recovered by the State Bank of India-respondent No.4. In the facts and circumstances of the case, the petitioner has to pay 75% of the amount due with the tribunal at the time of filing of appeal as has been provided under Section 7 O of the Act. The limitation of the appeal is yet to be expired. The petitioner may file an appeal. Till the filing of appeal, the rest 25% of the amount demanded shall not be recovered from the petitioner. It is made clear that the petitioner would be at liberty to file an application under proviso Section 7 O of the Act for reducing the amount and the order passed by this Court shall not come in the way in deciding the application while entertaining an appeal. With the said direction and observations, the writ petition is disposed of finally. The certified copy of this order be supplied to the learned counsel for the petitioner today on the payment of usual charges. (B.S.Verma, J.) 29-04-2010 MK