IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 403 OF 2010 MR. RAMNATH KARE AND ANR. ... Petitioner Versus THE RECOVERY OFFICER SHRI M.K. FARDE ... Respondent Mr. G. Sardessai with Mr. V. Palekar, Advocates for the petitioners. Mr. C. A. Ferreira, Assistant Solicitor General for the respondent. Coram:- A. P. LAVANDE, J. Date:- 6th April, 2011 P.C. Heard Mr. Sardessai, learned Counsel for the petitioners and Mr. Ferreira, learned Assistant Solicitor General for the respondent. 2. By this petition, the petitioners challenge the show cause notices dated 19th February, 2010 issued by the respondent by which the petitioners are called upon to show cause as to why warrant of arrest should not be issued against them for non-payment of an amount of Rs.4,95,878/- due under Section 8B of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. 3. On behalf of the respondent, Mr. Ferreira, learned Assistant Solicitor General points out that replies to the said show cause notice have been already given by the petitioners. He also placed reliance upon the judgment of this Court in the case of ATV Projects India Ltd. Versus Office of the Regional Provident Fund;(2005)2 BCR 242. 4. Mr. Sardessai, learned Counsel submits that similar protection as given in the case of ATV Projects India Ltd. (supra) be given to the petitioners and they be permitted to be represented by their Advocate at the time of hearing before the respondent. Mr. Ferreira, learned Assistant Solicitor General for the respondent has no objection if the order is passed in terms of submission made by Mr. Sardessai. 5. In view of the above, I pass the following order : (i) The respondent shall take appropriate decision pursuant to the show cause notice dated 19th February, 2010 issued to the petitioners after considering the replies submitted by the petitioners. (ii) The petitioners are permitted to be represented by an Advocate at the time of hearing before the respondent. (iii) The respondent shall pass an appropriate order in accordance with law within a period of four weeks from the date of appearance, which is fixed on 27th April, 2011 at 11.00 a.m. (iv) In case the decision is adverse to the petitioners, the same shall not be given effect for a period of eight weeks from the date of communication of the said order to the petitioners. 6. The petition stands accordingly disposed of. A. P. LAVANDE, J. SMA