1 904.wp-2365-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi WRIT PETITION NO. 2365 OF 2011. Tam Media Research Pvt. Ltd. ..Petitioners. vs. The Central Provident Fund Commissioner & Ors. ..Respondents. .... Mr. Gaurav Joshi, a/w. Mr. B. D’Souza, i/b. Malvi Ranchoddas & Co., for Petitioners. Mr. Bidan Chanddran, for Respondent Nos. 1 to 3. .... CORAM : S.J. KATHAWALLA, J. DATE : 13TH DECEMBER 2011. P.C. : By this Writ Petition, the Petitioners have impugned the order dated 19th May 2011 passed by the Presiding Officer Employees’ Provident Fund Appellate Tribunal (EPFAT), New Delhi, dismissing the Appeal filed by the Petitioners from the order passed under section 7A of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952. 2. The Learned Advocate appearing for the Petitioners has pointed out that earlier an Application was made before the EPFAT praying for permission to place certain documents on record. Since that Application was not considered by the EPFAT, they had filed the Writ Petition being Writ Petition (C) No. 411 of 2011 before the Hon’ble Delhi High Court. The said Writ Petition was disposed of by an order dated 28th January 2011 inter alia directing the Appellate Tribunal to decide the Petitioners’ said Application for placing additional documents before it proceeds to hear the matter finally. It is submitted that the EPFAT has now dismissed the Petitioners’ 2 904.wp-2365-11 Appeal itself without following the direction of the Hon’ble Delhi High Court. 3. The Learned Advocate appearing for the Respondents also submits that it appears from the order that the Appellate Tribunal has not complied with the directions given/passed by the Delhi High Court by its order dated 28th January 2011. A perusal of the impugned order shows that the Application of the Petitioners pertaining to placing of additional documents before the EPFAT is again not considered by the EPFAT. Such conduct on the part of the EPFAT deserves to be deprecated. In view thereof, the impugned order dated 19th May 2011 is set aside and the following order is passed :- (i) The Appellate Tribunal shall decide the Petitioners’ Application for placing additional documents before it on or before 9th January 2012. (ii) The Appellate Tribunal shall thereafter hear the Petitioners and dispose of the Appeal on or before 30th January 2012 by passing a detailed order dealing with the written submissions, the documents produced and the case-law cited on behalf of the Petitioners. (iii) In the meantime, no coercive action shall be taken against the Petitioners. In the event of the order being adverse to the Petitioners, no coercive action shall be taken against the Petitioners for a period of two weeks from the date of service of the order on the Petitioners. 4. The Writ Petition is accordingly disposed of. [ S.J. KATHAWALLA, J. ]