1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 857 /2009 (The Asstt. P.F. Commissioner VERSUS M/s Hotel Surya Family Garden Bar & Restaurant) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anoopsingh Parihar, counsel for the petitioner. Shri R.M. Bhongade, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : JULY 8, 2009. Heard the learned counsel for the parties. By this petition, the petitioner has impugned the order passed by the Employees Provident Fund Appellate Tribunal on 13.10.2008 on waiver of pre-deposit under Section 7-O of Employees Provident Fund and Miscellaneous Provisions Act, 1952. It is brought to the notice of this Court by Shri Bhongade, the learned counsel for the respondent that it would not be now necessary to decide the issue involved in this petition as the matter is posted before the Appellate Tribunal on 27.07.2009 for final hearing and the same is likely to be decided immediately thereafter. The learned counsel for the respondent further states that though the matter was fixed for hearing before the Appellate Tribunal on 2 a number of occasions, the petitioner has not filed any reply to the appeal as yet. Shri Parihar, the learned counsel for the petitioners, states that the petitioners would file a reply by the next date of hearing. Since a period of almost eight months has passed by, it would not be in the interest of justice to keep the petition pending or to decide the matter on merits at this stage as the Appellate Tribunal is likely to decide the appeal immediately after hearing the parties on 27.07.2009. Hence, in view of the statement made on behalf of the respondent, the petition stands disposed of with no order as to costs. JUDGE APTE