29.wp.1184-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1184 OF 2024 M/s. Pudhari Publications Pvt. Ltd. ..Petitioner vs. Regional Provident Fund Commissioner II and ors. ..Respondents ------------ Mr. Kiran S. Bapat, Senior Advocate i/b. Adv. Gaurav S. Gawande, for the Petitioner. Adv. Sonali Humane, for Respondent No.1. Adv. Prashant P. Kulkarni a/w Adv. Rachna Mamnani, Adv. Ritika Rajeev, for Respondent No.2. Adv. Divya Kakkar a/w Adv. Swapna Kode, for Respondent No.3. ------------ CORAM : M. S. KARNIK & N. R. BORKAR, JJ. DATE : 23th JUNE, 2025 P.C. : 1. Heard learned counsel for the parties. 2. The notice was issued to the Petitioner for determining the status of the Respondent Nos.2 and 3 under the provisions of paragraph 26-B of the Employees’ Provident Funds Scheme, 1952. Without referring to the submissions in detail, suffice it to observe that it is the PMB 1 2025:BHC-AS:24999-DB 29.wp.1184-2024.doc contention of the learned Senior Advocate for the Petitioner that though initially they had received the notice of the proceedings and written submissions were filed, however, as regards the actual hearing of the proceedings, no notice was received by them, as a result of which the hearing was conducted in their absence. 3. Learned counsel for Respondent Nos.2 and 3 as well as learned counsel for Respondent No.1 submitted that the Petitioner was duly noticed on the registered email address which is “amar.chougule@pudhari.co.in”. This is the stand taken in the affidavit-in-reply filed by the Provident Fund Department. 4. Learned Senior Advocate however invited our attention to the communication dated 7th December 2022 addressed to the Petitioner by the Department that the copy of the EO’s report dated 8th June 2022 was sent to the registered email address “amarchougule@pudhari.co.in” on 20th June 2022. It is the submission of learned Senior Advocate for the Petitioner that neither the copy of the EO’s report dated 8th June 2022 nor the submissions made by PMB 2 29.wp.1184-2024.doc the Respondent Nos.2 and 3 vide email dated 26th April 2022 were ever served on them. 5. From the communication of the Respondent No.1 it does appear that there may be an error in sending the notices on the registered email address of the Petitioner, as the dot between amar and chougule is missing. Only with a view to give an opportunity to the Petitioner to present their case and in the interest of justice as learned Senior Advocate for the Petitioner submits that the Petitioner will appear before the Respondent No.1 on the date fixed and co-operate with the Respondent No.1 without seeking any unnecessary adjournments, we are inclined to set aside the impugned order. The impugned order is set aside. 6. The Petitioner as well as Respondent Nos.2 and 3 to appear before the Respondent No.1 on 7th July 2025 at 11:00 a.m. No separate notice will be required to be issued to the Petitioner. Upon the Petitioner appearing before the Respondent No.1, all relevant complaints/documents relied upon by the Respondent Nos.2 and 3 be exchanged. The relevant documents, EO’s report be served on the Petitioner. PMB 3 29.wp.1184-2024.doc The Petitioner shall appear on each and every date fixed by the Respondent No.1. The Respondent No.1 is requested to decide the application under the provisions of paragraph 26B of the Employees’ Provident Funds Scheme, 1952 expeditiously and in any case within a period of eight weeks from 7th July 2025. 7. Keeping all contentions open, the Writ Petition is disposed of. (N. R. BORKAR, J.) (M. S. KARNIK, J.) PMB 4 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 24/06/2025 18:29:37