wp2134.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.2134/2011 Model Mills -vs- Central Board of Provident Fund and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri R.B.Puranik, counsel for the petitioner. Dr. R.S. Sundaram, counsel for the respondent Nos.1 to 3. CORAM : SMT. VASANTI A. NAIK, J. DATE : 15.09.2011. Shri Puranik, the learned counsel for the petitioner states that in view of the modification of the order under Section 14B of the Employees’ Provident Funds and Miscellaneous Provisions Act dated 26/10/2007 by the order dated 12/08/2011 annexed at Annexure R-I to the reply filed by the respondents, the grievance of the petitioner stands substantially redressed. The learned counsel for the petitioner states that the Assistant Provident Fund Commissioner has, however, wrongly shown in the chart incorporated in the order dated 12/08/2011 that an amount of Rupees Seven Lakhs Fourty Four Thousand Two Hundred and Fifty Two is due towards damages. In fact, according to the petitioner, the said amount is already paid to the respondents and a representation in this regard has been made by the petitioner to the respondents after the order dated 12/08/2011 was passed. wp2134.11.odt 2/2 In this background, since the grievance of the petitioner is substantially redressed and the order under Section 14B of the Act is modified by the order dated 12/08/2011, the writ petition is disposed of with a liberty to the petitioner to challenge the part of the order imposing damages to the tune of Rupees Seven Lakhs Fourty Four Thousand Two Hundred Fifty Two in an appeal before the appropriate forum, in case the respondent rejects the representation filed by the petitioner. No order as to costs. It appears that the petitioner has deposited a sum of Rs.2.5 Crores in this Court in pursuance of the order passed by this Court on 2nd of May, 2011. The petitioner is permitted to withdraw the same, barring a sum of Rs.3.5 lakhs, which would be approximately fifty per cent of the amount which the petitioner is liable to pay in terms of the modified order passed under Section 14B of the Act on 12/08/2011. JUDGE KHUNTE