( 1 ) 56-CA-1519-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 56 CIVIL APPLICATION NO. 1519 OF 2026 IN WP/9875/2021 The Assistant Provident Fund Commissioner VERSUS Nagar Parishad Degloor Thr Its Chief Officer Another WITH WRIT PETITION NO. 9875 OF 2021 ... Mr. N. K. Chaudhari (through VC), Advocate for Applicant. Mr. K. N. Lokhande, AGP for Respondent-State. Mr. I. D. Maniyar, Advocate for Respondent/Orig. Petitioner. Mr. R. S. Sarvadnya, Senior Panel Counsel for UOI. CORAM : KISHORE C. SANT & JITENDRA JAIN, JJ. DATE : 12th OCTOBER 2026. PC :- 1. Heard Mr. Chaudhari, the learned Advocate for the Applicant, Mr. Lokhande, the learned AGP for Respondent/State, Mr. Maniyar, the learned Advocate for Respondent/Orig. Petitioner, and Mr. Sarvadnya, the learned Advocate for Respondent/Union of India. 2. Petition is filed by Respondent No.1 in this Court challenging an order dated 18/06/2021 passed by Assistant Provident Fund Commissioner, Aurangabad. In the writ petition, the petitioner was directed to deposit the amount in the office of this Court which ( 2 ) 56-CA-1519-2026 accordingly is deposited. 3. Now, this application is filed seeking withdrawal of a sum of Rs.17,07,143/-. Since the amount is to be disbursed to the employees, the Assistant Provident Fund Commissioner has filed this application. 4. Learned Advocate Mr. Maniyar for the respondent submits that, in fact, the employees to whom the amount is to be granted were engaged by the contractor and not by the Municipal Council. The liability is thus on the contractor to deduct the amount of Provident Fund and to deposit it with the authority, and such liability would not come on the petitioner/Municipal Council. 5. Learned Advocate Mr. Chaudhari, however, submits that keeping the amount idle in the office of this Court would not serve any purpose. 6. Learned Advocate Mr. Sarvadnya prays for passing appropriate order. 7. Considering above, Applicant/Assistant Provident Fund Commissioner is allowed to withdraw the amount of Rs.17,07,143/- alongwith accrued interest till date. 8. This order shall be subject to outcome of this writ petition. 9. The Assistant Provident Fund Commissioner shall file affidavit/undertaking stating that in case the writ petition is allowed, the ( 3 ) 56-CA-1519-2026 said amount would be redeposited in the office of this Court within a period of two weeks. 10. With these, civil application stands disposed off. [JITENDRA JAIN, J.] [KISHORE C. SANT, J.] D.A.ETHAPE