1 wp 9128.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9128 OF 2011 Kada Sahkari Sakhar Karkhana Ltd., Kada, Tq. Ashti, Dist. Beed. through its Managing Director, Shri Sopan S/o Vithal Mule, Age : 56 Years, Occu. : Service, R/o Kada Sahkari Sakhar Karkhana Ltd., Kada, Tq. Ashti, Dist. Beed. .. Petitioner Versus 1. The Union of India, through its Principal Secretary, Human Resource Department, New Delhi. 2. The Assistant Provident Fund Commissioner and Recovery Officer, Office of the Sub Regional Office, Aurangabad. 3. The General Manager, M/s. Supertake Forging Pvt. Ltd., Plot No. J-489, 490, "S" Block, M.I.D.C. Bhosari, Pune - 26 .. Respondents (The respondent No. 3 is deleted as per Courts order dt. 07.12.2011) 2 wp 9128.11 Shri A. K. Tiwari, Advocate for the Petitioner. Shri Alok Sharma, Standing Counsel for the Respondent No. 1. Shri K. B. Choudhari, Standing Counsel for the Respondent No. 2 The Respondent No. 3 is deleted. CORAM : S. V. GANGAPURWALA, J. DATE : 07TH DECEMBER, 2011. ORAL JUDGMENT : . Leave to amend the prayer clause "C". 2. Shri Tiwari, the learned counsel seeks leave to delete the respondent No. 3. The respondent No. 3 is deleted at the risk of the petitioner. 3. Rule. Rule returnable forthwith. With the consent of parties taken up for final hearing. 4. The petitioner impugns the order passed U/Sec. 14(B) of the Employees Provident Fund and Miscellaneous Provisions Act. So also the order of attachment of immovable property. 5. Shri Tiwari, the learned counsel contends that the officer of the petitioner could not represent at the time of hearing in the proceedings U/Sec. 14(B) and could not bring on record the true 3 wp 9128.11 and real facts. According to the learned counsel an opportunity deserves to be given to the petitioner. 6. Shri Choudhari, the learned counsel for the respondent No. 2 submits that ample opportunity was granted to the petitioner. Admitted fact is that the petitioner has deposited the amount late and as such the respondent No. 2 is entitled to levy penalty, interest and damages. 7. It appears that the petitioner could not represent the case. The petitioner has given the reasons that in the interregnum the factory was with the different management and now it is again taken back. The petitioner has shown bonafides to deposit an amount of Rs. 8,00,000/- (Rs. Eight Lakh only) with the respondent No. 2. The petitioner deserves to be given opportunity to contest the case. 8. In the light of the above, the impugned orders are quashed and set aside. Rule is made absolute in terms of prayer Clause "C" on condition that the petitioner deposits an amount of Rs. 8,00,000/- (Rs. Eight Lakh only) within a period of four weeks from today. The petitioner shall not alienate, create third party interest in respect of property which was under attachment. In 4 wp 9128.11 case an amount of Rs. 8,00,000/- (Rs. Eight Lakh only) is deposited the petitioner shall appear before the authority on 10th January, 2012. The authority shall thereafter decide the said proceedings U/Sec. 14(B) afresh after giving opportunity to the petitioner. Sd/- [ S. V. GANGAPURWALA, J. ] bsb/Dec. 11