THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.2532 of 2011 ORDER: The petitioner is covered by the provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short “the Act”). An order was passed against it under Section 7-A of the Act by the primary authority. Aggrieved by the same, the petitioner preferred an appeal under Section 7-I of the Act before the appellate authority. The appeal was dismissed for default on 08.12.2010. The petitioner states that it filed an application for setting aside the order of dismissal for default and that the same is coming up for hearing. In the meanwhile, the first respondent issued destraint order dated 27.01.2011. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The appeal preferred by the petitioner was dismissed by the appellate authority for default. A specific contention is urged by the petitioner to the effect that no notice of hearing in the appeal was served and that it needs to be taken into account by the appellate authority while considering the application for setting aside the order of dismissal. The first respondent ought to have waited the out come of such an application. Hence, the writ petition is allowed and the destraint order dated 27.01.2011 is set aside. It shall be open to the first respondent to take further steps after the appellate authority passes an order on the application filed by the petitioner to set aside the order dated 08.12.2010. L.NARASIMHA REDDY,J Dt. 08.02.2011 Note: Wire at party’s costs b.o. lvl THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY W.P.No.2532 of 2011 Dt. 08.02.2011