IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 204 of 2002 M/s Ashok Hotel, Cantt. Tallital, Nainital through its partner Mrs. Prabha Sah. Petitioner. Versus 1.Regional Provident Fund Commissioner, Uttaranchal Niranjanpur, Majra, Dehradun. 2.Asstt. Regional Provident Fund Commissioner, Uttaranchal Abdullah Building, Bareilly Road, Haldwnai. Respondents. Mr. Siddhartha Shah, Advocate for the petitioner. Mr. R.C. Tamta, Advocate holding brief of Mr. Ashok Agarwal, Advocate for the respondents. Date 10-02-2010 Hon’ble B.S.Verma, J. By means of this writ petition, the petitioner has sought a following reliefs:- (I) Issue any suitable order or direction setting aside ex- parte order dated 18-3-2002 (Contained in Annexure No. 3) passed by the respondent No.1. (II) Issue any appropriate order or direction for providing an opportunity of hearing to the petitioner in proceedings/inquiry under section 14-B pending before the respondent No.1. (III) Issue any other order or direction which the Hon’ble Court may deem fit and proper under the circumstances of the case. At the time of first hearing of the writ petition, this court has granted an interim order on 04-05-2002, which provides that in case the petitioner deposits fifty percent of the amount fixed by the respondent No. 1 in the order dated 18-03-2002, contained in annexure No.3 to the 2 writ petition, within ten days from today, further execution of the award shall remain stayed. The amount has already been deposited by the petitioner on 13-05-2002 in the Registry of High Court amounting to Rs. 7410/-, the receipt of which has been annexed in the writ petition. Learned counsel appearing for the respondent has contended that alternate remedy of the statutory appeal is available to the petitioner as has been provided under Section 7 (I) of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. Learned counsel for the petitioner seeks permission to withdraw the writ petition. Permission granted. The writ petition is dismissed as withdrawn with liberty to avail statutory remedy of appeal as has been provided under Section 7 (I) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. The Registry of High Court is directed to relegate the amount of Rs. 7410/- which has been deposited in the Registry of High Court to Regional Provident Fund Commissioner, Uttaranchal(Uttarakhand), Niranjanpur, Majra, Dehradun. All pending applications stand disposed of accordingly. (B.S. Verma,J) MK 10-02-2010 3