IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6544 of 2010 1. INDU TAPESHWAR SINGH MAHILA MAHAVIDYALAYA VIKRAMGANJ, ROHTASH THROUGH ITS SECRETARY. 2. DR. AJOY KUMAR SINGH, S/O LATE TAPESHWAR SINGH, R/O ASNI BHAWAN, BORING ROAD, PATNA-800001. ……PETITIONERS. Versus 1. UNION OF INDIA THROUGH THE REGIONAL PROVIDENT FUND COMMISSIONER R' BLOCK ROAD NO.6,PATNA. 2. THE ASSISTANT PROVIDENT COMMISSIONER OFFICE OF THE REGIONAL PROVIDENT FUND COMMISSIONER R' BLOCK ,PATNA. 3. THE RECOVERY OFFICER,OFFICE OF THE REGIONAL PROVIDENT FUND COMMISSIONER R' BLOCK ,PATNA. 4. THE PRESIDING OFFICER,THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL NEW DELHI. …..RESPONDENTS. ----------- For the petitioners : Mr. K.N.Gupta, Advocate. For the respondents : Mr. Jai Prakash Verma, Advocate. ---- 02/ 14.07.2010 Heard learned counsel for the petitioners and learned counsel for respondent nos. 1 to 3. The impugned order is appealable under the provision of Section 7-I of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 and the appeal is to be heard by the Employees Provident Fund Appellate Tribunal, New Delhi (Respondent no.4). Considering the facts and circumstances of this case, the petitioners seek permission to withdraw this writ petition in order to file an appeal before the Tribunal (respondent no.4) within 15 days from today. In the said circumstances, this writ petition is disposed of as withdrawn with a liberty to the petitioners to file an appeal - 2 - before the Tribunal within 15 days from today and if such an appeal is filed along with an interlocutory application for condoning the delay, the said appeal shall be decided on merits considering the pendency of the matter in the High Court in this writ petition. Learned counsel for the petitioners will also be at liberty to file another interlocutory application before the appellate Tribunal for release of Bank Account Nos. 855 and 856 of Central Bank of India, Bikramganj (Rohtas) which have been attached. If such an interlocutory application is filed, the appellate Tribunal shall decide the same in accordance with law within 30 days. Sunil (S. N. Hussain, J.)