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2025 DAILYLAW 88751 (KAR)

M/S MAIYAS BEVERAGES AND FOODS PVT LTD., v. REGIONAL PROVIDENT FUND COMMISSIONER

WP/24065/2025 · 2025-11-17

Jyoti M

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46965 WP No. 24065 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 24065 OF 2025 (L-PF) BETWEEN: M/S. MAIYAS BEVERAGES AND FOODS PVT. LTD., REGISTERED UNDER THE COMPANIES ACT. NO.53, 7TH B MAIN, 30TH CROSS, 4TH BLOCK, JAYANAGAR, BENGALURU - 560011 REPRESENTED BY ITS DIRECTOR MR. NAVA MOHAN KUMAR …PETITIONER (BY SRI. MANJUNATHA B., ADVOCATE) AND: REGIONAL PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER EMPLOYEES' PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BAVAN, ANNAPOORNESHWARI COMPLEX, S.NO 37/1, 6TH MAIN, SINGASANDRA, BENGALURU -560068. …RESPONDENT (BY SRI. PRAMOD B., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46965 WP No. 24065 of 2025 ORAL ORDER Sri.Manjunatha.B., counsel for the petitioner and Sri.B.Pramod., counsel for the respondent have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: i. Issue a Writ of Certiorari or any other appropriate writ or direction quashing the EPF CP-2 'Warrant of Attachment of Movable Property' order dated:22.07.2025 vide Annexure-H. ii. Issue a Writ of Mandamus directing the respondent to not take any coercive steps of executing the EPF CP-2 Notice dated:22.07.2025 "Warrant of Attachment of Movable Property' vide Annexure-H, till the NCLAT passed the final judgment vide Annexure-D order sheet of the NCLAT dated:09.12.2024. - 3 - HC-KAR NC: 2025:KHC:46965 WP No. 24065 of 2025 3. Counsel for the respective parties urged several contentions. Heard, the arguments and perused the Writ papers with care. 4. Suffice it to note that under the guise of Annexure- A, the petitioner has challenged the 7A order before this Court in this Writ Petition. It is pivotal to note that as against the order passed under Section 7A of the Act, there is an alternate statutory remedy of filing an appeal under Section 7-I of the Act. It is significant to note that Article 226 is not intended to circumvent statutory procedures. When a right or liability is created by a statute which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before seeking the discretionary remedy under Article 226. The law is also well settled that a petition under Article 226 should not be entertained unless the statutory remedies are ill-suited to meet the demands of an extraordinary situation. Hence, I decline to exercise power under the Writ jurisdiction. - 4 - HC-KAR NC: 2025:KHC:46965 WP No. 24065 of 2025 5. Resultantly, the Writ Petition is dismissed. Because of dismissal of the Writ Petition, pending interlocutory applications if any are disposed of and interim direction if any stands discharged. SD/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 30