1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4500 OF 1997 Smt.Kalpana Chavan w/o Ramchandra Atmaram Chavan ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents ...... Mr.V.P.Savant for Petitioner. Mr.V.S.Gokhale, A.G.P. for Respondent No.1. Mr.V.A.Gangal with Mr.Ashok Gade for Respondent No.2. Mr.S.A.Bhagwat for Respondent No.3. ...... CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ. DATED:- APRIL 19, 2010. P.C. 1. This Petition was heard on 22nd March 2010. Having regard to the grievance made in the Petition, we thought it appropriate to allow the Respondent No.2 to examine the claim of the Petitioner and depending on the order to be passed by the Respondent No.2, the controversy on hand could have been considered. We are informed that the Provident Fund Commissioner-II has since examined the 2 claim of the Petitioner and passed order on 13th April 2010. He has held that the Petitioner who is the widow of late Ramchandra Atmaram Chavan is not entitled to receive any benefits under any of the Schemes. The conclusion recorded by the said Authority reads thus: “After a thorough examination of the matter by scrutinizing all the relevant records and on application of mind, I arrive at a decision that Smt.Kalpana Chavan, widow of Late Ramchandra Atmaram Chavan is not due for receiving any benefit under any of the Schemes viz. EPF Scheme 1952, EDLI Scheme 1976, EPS 1995.” 2. In view of the above, the first relief claimed by the Petitioner stands addressed. If the Petitioner is aggrieved by the said decision, will be free to question the correctness thereof before the appropriate forum. In such proceedings, all contentions available to either party will have to be considered on its own merits in accordance with law. 3. Insofar as the second relief is concerned, the Petitioner prays for direction against the Official Liquidator to hand over all amounts to her which were due and payable to Ramchandra Atmaram Chavan. On the other hand, the affidavit of the Official Liquidator 3 dated 15th January 2010 including additional affidavit tendered across the bar, which is allowed to be filed in the Registry in the course of the day, it is stated that the Official Liquidator has no objection to pay the amount to the Petitioner out of the funds of the Company in liquidation, subject, however, to the order of the Company Court in that behalf and more particularly, on submission of relevant documents by the Petitioner in support of her claim before the Official Liquidator. In view of the stand taken by the Official Liquidator, it will be open to the Petitioner to pursue her remedy before the Official Liquidator, which will have to be decided in accordance with law. 4. As no other issue has been raised before us, the Petition is disposed of with liberty to the Petitioner as aforesaid. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)