: 1 : WP/8529/2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8529 OF 2009 Hotel Samudra .. Petitioner V/s. Employees Provident Fund Appellate Tribunal, New Delhi & Anr. .. Respondents Mr. A.V. Joshi i/b. Mr. S.R. Nargolkar for the Petitioner. Mrs. S.V. Bharucha for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. DATED : 12 TH JULY, 2010. P.C.: 1. The Writ Petition challenges the order dated 12th August, 2009, passed by the Employees Provident Fund Appellate Tribunal, New Delhi, in A.T.A. No. 431(9) of 2002. 2. The learned Counsel appearing for the petitioner contends that the Appellate Tribunal’s order does not reflect that there has been any consideration of the arguments submitted on behalf of the petitioner, nor does the order indicate that documents which were on record have been taken into : 2 : WP/8529/2009 consideration while passing the impugned order. It is also submitted that in view of a judgment of the Supreme Court in the case of Santosh Hazari vs. Purushottam Tiwari & Ors., reported in 2001 (2) Mh.L.J. 786, the Appellate Tribunal must pass a reasoned order taking into consideration all the facts and circumstances of the case. 3. In my view, the objections raised by the learned Advocate for the petitioner are well founded. Unfortunately, the Appellate Tribunal has by a cryptic order dismissed the Appeal. The facts of the case are not set out. There is no consideration as to whether any documents were produced. Nor is there any discussion in the order that since no documents were produced, what inferences could be drawn. 4. In these circumstances, in my view, it would be appropriate to remit the matter to the Appellate Tribunal for a fresh hearing. : 3 : WP/8529/2009 5. The order dated 12th August, 2009, passed by the Employees Provident Fund Appellate Tribunal, New Delhi, in A.T.A. No.431(9) of 2002, is quashed and set aside. 6. The Appellate Tribunal shall hear and dispose of the A.T.A. No.431(9) of 2002 in accordance with law. While doing so, the Appellate Tribunal will consider whether there are any documents have been produced by the petitioner on record and if there are none, what inferences should be drawn. 7. The Writ Petition is disposed of accordingly.