1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 4884/2009. ( M/s. Gangour Resturant . -: versus :- Regional Provident Fund Commissioner and another ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JANUARY 19, 2010. Heard Shri M.R. Pillai, learned counsel for petitioner and Ms. U.R. Tanna, learned counsel for respondent. Earlier Writ Petition challenging action of department was allowed to be withdrawn on 28.04.2009 with liberty to petitioner to file appeal before the Appellate Forum within a period of three weeks. That appeal was not preferred and hence, respondent – department issued show cause notice dated 30.06.2009. Thereafter, appeal came to be filed with prayer for condonation of delay. The appeal was against the order dated 08.09.2008 and it was filed on 27.7.2009. The Tribunal has found that as per Rule 7 of the Employees Provident Fund and Misc. Provisions Act, 1952 appeal needed to be filed within 60 days, after the date of order and the Statute permitted it to condone delay to the extent of 60 more days. Hence Appeal ought to have been in 2 any case filed within 120 days. It has also relied upon certain judgments to support its findings. Shri Pillai, learned counsel is today seeking time to site some other judgment, however, the said request is being opposed by the learned counsel for respondent – department. I find that in view of the judgment of the Hon'ble Apex Court reported at 2009 [5] Scc 791 (Comm. Of Custom and Central Excise .vrs. Hongo Industries (P) Ltd.), the issue is concluded against the petitioner. No case is made out warranting interference in writ jurisdiction. Writ Petition is dismissed. No cost. At this stage Shri Pillai, learned counsel states that as the entire amount has been deposited and has also been permitted to be withdrawn by this Court, the attachment of Bank account of petitioner should be withdrawn. Learned counsel for respondent states that if this is the correct position, the respondent will withdraw the orders of attachment. The learned counsel for department further states that no warrant of detention of petitioner has been issued in the matter. JUDGE Rgd.