1 W.P.No.6010/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.6010 OF 2011. M/s Chate Coaching Classes Pvt. Ltd. Chate House, Plot No.4, Near N-2 Stadium, Cidco, Aurangabad, through its Director Shri Sanjay S/o Shivajirao Chate, Age 33 years, Occ.Business, R/o N-3, Cidco, Aurangabad. ... Petitioner. Versus 1. The Union of India, through its Secretary, Ministry of Labour, (Deleted as per Court's Order dt.16.8.2011.) Shram Shakti Bhavan, Rafi Ahmed Kidwai Road, New Delhi. (Copy to be served on Standing Council for Union of India, High Court of Judicature of Bombay, Bench at Aurangabad) 2. The Central Provident Fund Commissioner, 9th floor, Mayur Bhavan, Cannaught Circle, New Delhi. 3. The Joint Secretary, 2 W.P.No.6010/11 Ministry of Labour, Shram Shakti Bhavan, Rafi Ahmed Kidwai Road, New Delhi. 4. The Presiding Officer, Employees Provident Fund Appellate Tribunal, New Delhi. 5. The Regional Provident Fund Commissioner-II, Sub-Regional Office, Plot No.2, Town Centre, Cidco, Aurangabad. 6. The Assistant Provident Fund Commissioner, Sub-Regional Office, Plot No.2, Town Centre, Cidco, Aurangabad. (Respondent Nos.3 and 4 deleted as per Court's order dt.16.8.11.)...Respondents. ... Mr.Y.V.Kakade, advocate for the petitioner. Mr.K.B.Choudhari, Addl. Govt. Pleader for Respondent Nos.2,5 and 6. Respondent Nos.1,3 and 4 deleted. ... CORAM : S.V.GANGAPURWALA,J. Date : 12.09.2011. ORAL JUDGMENT : 1. Heard. 3 W.P.No.6010/11 2. Rule. Rule returnable forthwith. With the consent of the parties, the petition is taken up for final hearing. 3. The petitioner has preferred an appeal before the Employees Provident Funds Appellate Tribunal, New Delhi. The petitioner was directed to make pre-deposit of 40% of the amount assessed. The petitioner challenged the said order before this Court in W.P.No.9572/2010. This Court directed the petitioner to deposit an amount of Rs.20,00,000/- (Rupees twenty lacs) and on deposit of Rs.20,00,000/-, directed the Appellate Tribunal to reconsider the question regarding the amount required to be deposited by the petitioner for entertaining the appeal as contemplated U/s 7-Q of the said Act. The petitioner failed to deposit even Rs.20,00,000/- (Rupees twenty lacs) and as such the appellate Tribunal dismissed the appeal for non-compliance of the order of pre-deposit. The same is assailed in the present Writ Petition. 4. It is submitted by the learned counsel 4 W.P.No.6010/11 for the petitioner that now the petitioner pursuant to the orders passed in the present Writ Petition on 16.8.2011 has deposited an amount of Rs.20,00,000/- (Rupees twenty lacs) with the Respondent No.6. 5. In light of the above, that the amount has been deposited by the petitioner as directed by this Court in W.P.No.9572/2010, though belatedly, the impugned order is quashed and set aside. The appellate Tribunal shall hear the appeal A.T.A.No.404(9)/2010 on its own merits. The Writ Petition is accordingly disposed of with aforesaid observations and directions. No costs. (S.V.GANGAPURWALA,J.) asp/office/wp601011 5 W.P.No.6010/11