1 WP 6854.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6854 OF 2011 M/s Jai Shivshankar Sahakari Sakhar Karkhana Ltd. .... PETITIONER V E R S U S The Union of India and others .... RESPONDENTS Mr. P.D. Bachate, Advocate for the Petitioner. Mr. K.B.Choudhari, Advocate for Resp. nos. 2 & 3. CORAM :S.V. GANGAPURWALA, J. DATE :09/09/2011 ORAL ORDER : 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, taken up for final hearing. 2. The petitioner claims to have filed proceedings u/s 7-B of the Employees Provident Fund and Miscellaneous Provisions Act and the same are pending. The respondents have issued a notice dated 2 WP 6854.2011 20/7/2011 demanding the payment, failing which further action would be taken. The same is assailed in the present Writ Petition. 3. Mr. Bachate, the learned counsel for the petitioner submits that the Review Petition i.e. the proceedings U/s 7-B of the Maharashtra Co-operative Societies Act, 1961 [ For short, ‘ said Act ’ ] are pending. The same are not decided and the respondents are initiating coercive steps for recovery. According to the learned counsel, the petitioner has disputed the liability. 4. Mr. K.B.Choudhari, the learned counsel for respondent nos. 2 and 3 submits on the instructions that in fact yesterday i.e. on 08/09/2011 the respondents have put seal over the premises of the petitioner. Mr. Bachate, the learned counsel submits that the said seal is to a small portion of the said premises. The learned counsel for the respondents submits that the authority would decide the said petition U/s 7-B of the said Act, but as there is no stay, the respondents can not be prevented from taking further steps. 5. It appears that the proceedings U/s 7-B of the said Act are pending consideration with the authority. Even the respondents have 3 WP 6854.2011 taken further steps and have put seal over the premises/part of the premises of the petitioner. The petitioner is a Karkhana. Mr. Bachate, the learned counsel submits that even the petitioner has the release order in their favour for the sale of sugar and from the said sale, the legitimate amount could be deposited. 6. In light of the above, I pass the following order : Respondent nos. 2 and 3 shall not take further coercive steps against the petitioner for the period of three ( 3 ) weeks from today i.e. 30/09/2011. Rule is accordingly made partly absolute in above terms. No costs. [ S.V. GANGAPURWALA, J.] KNP/WP 6854.2011