1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4719/2009 (Vidarbha Youth Welfare Soc. Dental College ..vs.. Asstt.P.F. Commr and 1) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- B.P. DHARMADHIKARI, J. DATE:- NOVEMBER 04, 2009 Heard. The application for waiver of pre-deposit has been partly granted by the Employees Provident Fund Appellate Tribunal, New Delhi. By impugned order, instead of mandatory 75% deposit, petitioner has been directed to deposit 40%. Advocate Shri S.G.Jagtap for petitioner contends that issue of jurisdiction itself was raised. The direction to deposit 40% is also unwarranted. Advocate Ms. Tanna for respondents contends that there was an enquiry under Section 7A of the Employees Provident Fund Act and as petitioners are found liable, the action has been taken. The order passed by the appellate tribunal is in exercise of discretion available to it in the matter and 2 it is not the case of the petitioner that petitioner is not in a position to pay that amount. Hence, I am not inclined to interfere in the matter at this stage. Advocate Shri Jagtap for petitioner states that as per the orders of appellate tribunal, 40% amount was to be deposited by today. He seeks time of 04 weeks more to comply with the directions. Advocate Ms. Tanna has no objection for the same. Accordingly, time granted till 07th December, 2009 to the petitioner to deposit the amount. The petitioner to deposit the amount with respondent No.1 at Akola and said deposit shall be regarded with compliance of order of appellate tribunal dated 23.9.2009. JUDGE diwale.