IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10941 of 2008 Krishna Kumar, the then M.D. of M/s Anurag Cinema Pvt. Ltd, resident of Mohalla-Kagzi- Ranchi Road, Biharsharif, Police Station-Biharsharif, District-Nalanda. ……. Petitioner. Versus The Regional Provident Fund Commissioner-cum-Recovery Officer, Employees’ Provident Fund Organization, Bihar, Provident Fund Bhawan, R. Block, Road No.6, Patna. ……Respondent. ----------- For the petitioner : Mr. S.B.K. Manglam, Advocate For the respondent : Mr. R.S.Pradhan, Senior Advocate. --------- 02/ 29.07.2010 Heard learned counsel for the petitioner and learned counsel for the respondents. This writ petition is being finally heard at this stage at the instance of learned counsel for the parties. 2. The petitioner has challenged order dated 12.06.2006 (Annexure-3) passed by the sole respondent in Certificate Recovery Case No.BR/5062/RRC/3681/05/780 by which he has been directed to show cause as to why he should not be committed to civil prison in execution of the certificate No. BR/5062/297 dated 29.11.2005 (Annexure-2/A). It is also sought to be quashed along with demand notice etc. 3. After some argument, learned counsel for the petitioner seeks permission to withdraw this writ petition for filing a statutory appeal before E.P.F. Appellate Tribunal under Section 7-I of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. 4. Considering the facts and circumstances of this case, this writ petition is disposed of as withdrawn with the aforesaid - 2 - liberty to the petitioner. 5. However, if the statutory appeal is filed within fifteen days from today along with a copy of this order as well as an interlocutory application for condoning the delay, the appellate authority shall decide the same in accordance with law on merit. 6. If the said appeal is filed within fifteen days also along with an interlocutory application for stay, the said interlocutory application shall be decided within one month from the date of its filing by the appellate authority. 7. Till then no coercive action shall be taken against the petitioner pursuant to order dated 06.04.2010 (Annexure-6) passed by the authority concerned. Sunil (S. N. Hussain, J.)