-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.2029 OF 2008 NO.2029 OF 2008 NO.2029 OF 2008 Bajaj Auto Ltd. ...Petitioners v/s The Assistant Provident Fund Commissioner, Pune ...Respondents Mr J.P. Cama with Mr Ajay Khaire i/b M/s M.S. Bodhanwala and Co. for Petitioners. Mr Suresh Kumar for Respondents. CORAM : D.K. DESHMUKH AND J.H. BHATIA JJ. DATE : 10TH APRIL 2008. -2- P.C. :- 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. The short grievance of the petitioners is that by the order impugned dated 1st October 2007 the petitioners have been held liable for provident fund dues of their previous contractor even for the period during which there was no contract in existence. It is also apparent from the order that this is an ex-parte order. After having heard learned counsel for both the sides and after having gone through the record, in our opinion, following order would meet the ends of justice. 3. The petitioners, within a period of four weeks from today, make an application before the Employees Provident Fund Organisation, Pune 411 001 for modification of he order dated 1st October 2007 together with documents on which the petitioners want to rely. The Employees Provident Fund Organisation shall decide that application for modification of the order in accordance with law as expeditiously as possible and in any case, within a period of six weeks from the date on which the application is presented. The amount of -3- Rs.14,00,000/- has been deposited in this Court pursuant to an interim order made by this Court. The petitioners shall be permitted to withdraw that amount on furnishing an undertaking, undertaking to this Court to bring back the same or any such amount as may be directed by the Employees Provident Fund Organisation while disposing off the application to be filed by the petitioners for modification of the order subject to the remedy that may be available under the law. Rule is made absolute with no order as to costs. Till the application is decided, no coercive action for recovery of the amount be taken against the petitioners. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( J.H. BHATIA J.)