IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 3394 of 2009 Between: Eastern Power Distribution Company of Andhra Pradesh Limited, Rep by the Divisional Electrical Engineer, Operation Division, Bhimavaram, West Godavari District. ..... PETITIONER AND Regional Provident Fund Commissioner, Employees Provident Fund Organization, Sub-Regional Office, Sri laxmi Golden Plaza, 2nd & 3rd Floors, Danavaipeta, Rajahmundry, East Godavari District, Andhra Pradesh .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari and declare orders in proceedings No. A.P. 46649/SRO/RJY/Enf/Bvrm/7A/20082420, dated 20-1-2009 as illegal arbitrary and without jurisdiction and set aside the same. Counsel for the Petitioner:SRI P.NAVEEN RAO Counsel for the Respondents.: SRI R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.3394 of 2009 ORDER: This writ petition has been filed by the Eastern Power Distribution Company of Andhra Pradesh Limited, represented by the Divisional Electrical Engineer, Operation Division, Bhimavaram, West Godavari District, questioning order No.A.P/46649/SRO/RJY/Enf/Bvrm/7A/2008/ 2420, dated 20.01.2009, issued by the respondent. Heard learned counsel appearing for the petitioner and the learned Standing counsel appearing for the respondent. The factual aspects need not be elaborated since the petitioner has 60 days time to prefer an appeal against the impugned order and it intends to file an appeal as such. It is the grievance of the petitioner that the respondent is invoking power under Section 8F of the EPF Act, to attach the bank account of the Operation Division operated in the State Bank of Hyderabad, Bheemavaram branch, without waiting for proper response from the petitioner. Learned standing counsel appearing for the respondent submits that in similar circumstances, this Court disposed of the writ petition with a condition to deposit 50% of the amount demanded within six weeks from today. He placed reliance on the decision of this Court in W.P.No.4228 of 2008 (M/s Royal Commission Agent, Near Bus Stand, Siddipet vs. M.A.Razak). In that view of the matter, the writ petition is disposed of granting stay of further proceedings pursuant to order No.A.P/46649/SRO/RJY/Enf/Bvrm/7A/2008/ 2420, dated 20.01.2009, issued by the respondent, subject to the petitioner depositing 50% of the demanded amount, within three weeks, pending disposal of the appeal to be filed or till the application to be filed by the petitioner seeking interim stay is entertained, whichever is earlier. No order as to costs. ______________ N.V.RAMANA,J 20.02.2009 B/o v v