1 W.P.No.6402/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.6402 OF 2011. Dr.Baburao Bapuji Tanpure, Tanpure Sahkari Sakhar Karkhana Ltd., At Shri Shivaji nagar, Rahuri Factory, Tq. Rahuri, District Ahgmednagar through its Secretary Shri Shivaji S/o Haribhau Bangal, Age 55 years, Occ.Service, R/o Rahuri Factory,Tq.Rahuri, Dist. Ahmednagar. ... Petitioner. Versus 1. The Assistant Provident Fund Commissioner/Recovery Officer, Sub-Regional Office, Employees Provident Fund Organisation, Plot No.P-11, "Bhavishyanidhi Bhavan", MIDC Satpur, Nashik, Dist.Nashik. 2. The Enforcement Officer, Employees Provident Fund Organisation, having its Office at Savedi Road, Ahmednagar, Dist.Ahmednagar. 3. The Branch Manager, State Bank of India, Branch Rahuri, Tq. Rahuri, Dist. Ahmednagar. 4. The Branch Manager, 2 W.P.No.6402/11 Ahmednagar District Central Cooperative Bank Ltd., Branch Rahuri, Tq. Rahuri, Dist.Ahmednagar. ... Respondents. ... Mr.V.D.Hon, advocate for the petitioner Mr.K.B.Choudhari, Addl.Govt. Pleader for the State. ... CORAM : S.V.GANGAPURWALA,J. Date : 25.08.2011. ORAL JUDGMENT : 1. Heard. 2. At the outset, Mr.Hon, learned counsel seeks leave to delete Respondent Nos.3 and 4. 3. Respondent Nos.3 and 4 are deleted at the risk of the petitioner. 4. Rule. Rule returnable forthwith. With the consent of the parties, the petition is taken up for final hearing. 3 W.P.No.6402/11 5. The petitioner has filed an appeal before the Employees Provident Fund Appellate Tribunal. The petitioner vide an order dated 17.8.2011 was directed to deposit 40% of the assessed amount within two (2) months. The appellate authority had also directed the present Respondents not to take any coercive measures till the disposal of the appeal. The said order is passed on 17.8.2011. 6. The present Respondents had issued the prohibitory order probably on 24.6.2011. Pursuant to the said prohibitory notice, the Respondents are trying to initiate further proceedings in freezing the bank account. Aggrieved thereby, the present petition is filed. 7. The factual matrix that the appellate Tribunal has passed the order on 17.8.2011 and thereby had granted two (2) months time to the petitioner to deposit 40% of the assessed amount is not disputed. It is also not disputed that the Respondent is directed not to take any coercive measures till the disposal of the said 4 W.P.No.6402/11 appeal. The said order appears to be in force. In view of the fact that the said order is in force and the two (2) months have not yet expired, the Respondents can not initiate any coercive measures against the petitioner, interalia, will not have any right to freez the bank account or deal with any property of the petitioner, till the said order dt.17.8.2011 of Appellate authority is in force. 8. In light of the above, the Writ Petition is allowed. Rule is made absolute in terms of prayer clause (B). No costs. 9. The parties to act on authenticated copy. (S.V.GANGAPURWALA,J.) asp/office/wp6402.11 5 W.P.No.6402/11