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M.K. Enterprises, Jyotindra Prasad Singh and Chandan Road Lines Vs Union of India (UOI) and Another

Date of Decision: Aug. 18, 2010

Hon'ble Judges: R.K. Merathia, J

Bench: Single Bench

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Judgement

R.K. Merathia, J.@mdashHeard.

2. Both these writ petitions were taken up together and are being disposed of by this common order.

3. It is submitted by Mr. Rajiv Anand, learned Counsel for the petitioners, that petitioners had paid the provident fund dues, though there was

some delay and accordingly they paid interest and penalty too but could not show this thing to the concerned authority as the practices sent were

not received due to change/mistake in address.

4. Mrs. Jha, appearing for the respondents, submitted that several notices were sent on the addresses given by the petitioners t even then

petitioners avoided to appear.

5. In the facts and circumstances of the case, I am inclined give one chance to the petitioners.

6. Accordingly, petitioners are directed to appear before regional Provident Fund Commissioner, EPF Region, Bhagwati Complex, Karamtoli

Chowk, Ranchi at 11 A.M. on 1st September, 10, when the said authority will fix date(s) and will pass a fresh order after giving opportunity of

hearing to the petitioners. If petitioners does not cooperate, the authority will be entitled to pass ex parte order. Such order should be passed by

30th September, 10.

7. Till a fresh order of assessment is passed, the impugned order and also warrant of arrest issued against the petitioners shall kept in abeyance.

8. It is made clear that this Court has not gone into the merits of the case of the parties.

9. With these observations and directions, these writ petitions are disposed of.