M/S KALSA ESTATE v. THE REGIONAL PROVIDENT FUND COMMISSIONER-II
WP/8513/2025 · 2025-03-24
B M Shyam Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21555 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21555 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12250 WP No. 8513 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 8513 OF 2025 (L-PF) BETWEEN:
M/S KALSA ESTATE A PARTNERSHIP FIRM, HAVING OFFICE AT KALSA VILLAGE, MUDIGERE (T). CHICKAMAGALURU (D)- 577 124. …PETITIONER (BY SRI. SWAMY N B N.,ADVOCATE) AND:
1. THE REGIONAL PROVIDENT FUND COMMISSIONER-II REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN KHB, 5TH PHASE, CHIKKAMAGALURU - 577 102. 2. THE ENFORCEMENT OFFICER OFFICE OF REGIONAL PF COMMISSIONER-II, BHAVISHYA NIDHI BHAVAN KHB, 5TH PHASE, CHIKKAMAGALURU - 577 102. …RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN NO. KN/CKR/RO NO. Digitally signed by VANAMALA N Location: High Court of Karnataka
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NC: 2025:KHC:12250 WP No. 8513 of 2025
1126/ENF/1126/2025/313 ON THE FILE OF R-1 THE REGIONAL PF COMMISSIONER-II REGIONAL OFFICE, CHIKMAGALUR; QUASH THE ORDER ANNX-D PASSED ON 14.02.2025 IN NO. KN/CKR/RO NO.1126/ENF/1126/2025/313 BY R-1 THE REGIONAL PF COMMISSIONER-II REGIONAL OFFICE, CHIKMAGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The first respondent by the Order dated 30.09.2024 [Annexure-B] has called upon the petitioner to pay a sum of Rs.9,99,204/- as outstanding under the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 [for short, 'the EPF Act'] with the petitioner being put on notice, and if this amount is not paid within sixty days, recovery action would be initiated under the other provisions of the EPF Act and without prejudice to levy damages and interest. - 3 -
NC: 2025:KHC:12250 WP No. 8513 of 2025
2. Sri Swamy N B N, the learned counsel for the petitioner, submits: [a] that the petitioner is served with a copy of this Order only on 05.12.2024 and period of limitation to call in question this Order with the concerned Tribunal begins from the date of receipt of the order [b] that the petitioner has filed such appeal with the Tribunal but it is yet to be assigned any number [c] that the impugned Order of Attachment dated 14.02.2025 is issued under Section 8F of the EPF Act even before the expiry of sixty days period computed from 05.12.2024. 3.
3. When queried, Sri Swamy N B N submits that the petitioner's grievance in the writ petition would be addressed if the enforcement of the Order is deferred for a reasonable period so that the petitioner can move an appropriate application before the Tribunal in the appeal filed for interim protection. 4. These submissions are considered, and this Court is of the view that dispensing with notice
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NC: 2025:KHC:12250 WP No. 8513 of 2025
to the respondents, the petition must be disposed of deferring the enforcement of the impugned Order dated 14.02.2025 until 30.04.2025 so that the petitioner has reasonable time to pursue the appellate remedy with the request for interim protection. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE
AN/-