1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3944/2008 (Shiv Travels & Tours vs. Assistant Provident Fund Commissioner) CORAM : B.P.Dhamadhikari, J. DATE : 2 nd DECEMBER, 2008 Heard Advocate Shri Saboo for petitioner and Advocate Shri Parihar for respondent. After hearing Advocate Saboo, it was found that petitioner was complaining of absence of opportunity in review and also inquiry under Section 7A of the Act. Reliance was placed upon the subsequent notices issued to the owners of other vehicles i.e. relatives of petitioners to point out that these vehicles and their drivers could not have included in the establishment of the petitioner. After considering the demands as raised, it was felt that petitioner should deposit some amount and an opportunity should be given to him. However, Advocate Parihar strongly opposed any such order and he states that enough opportunity was already given to the petitioner. In the present matter, after considering the notices issued on 10th July, 2008, to the other owners of vehicles, I find that petitioner needs to be given an opportunity. In the circumstances, petitioner is directed to deposit some amount and Advocate Saboo upon instructions states that an amount of Rs.63,000/- which is stated to be outstanding shall be deposited 2 with the respondent by 15th December, 2008. If the amount is so deposited, the order passed under Section 7A of the Act, as also the order passed on review i.e. dated 9.7.2008 shall stand quashed and set aside. The respondent shall conduct fresh inquiry under Section 7A and hear the petitioner and other persons to whom the notices are issued on 10.7.2008 in that inquiry. The inquiry shall be completed as early as possible and in any case by 30th April, 2009. If, after inquiry, the authority found the establishment of the petitioner could not have been covered, the amount deposited by the petitioner shall be refunded to him within a period of two months of such adjudication. Order accordingly. No costs. JUDGE Rvjalit