Neeta Sawant 13-WP-12439-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12439 OF 2026 Cradle Runways India Pvt. Ltd. ...Petitioner : Versus : Regional Provident Fund Commissioner-II ...Respondent Ms. Samiksha Kanani with Ms. Latika Yadav, for the Petitioner. Mr. Gunjan Chaubey, for the Respondent. CORAM: SANDEEP V. MARNE, J. DATED: 21 SEPTEMBER 2026. P.C.: 1) The order under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1962 (EPF Act) is passed on 9 April 2026 which is communicated to the establishment vide email dated 24 April 2026. Before expiry of period of 60 days for filing of Appeal, it appears that the Regional Provident Fund Commissioner issued order under Section 8F of the EPF Act on 16 June 2026. In that view of the matter, the order dated 16 June 2026 deserves to be set aside. PAGE NO. 1 of 2 Monday, 21 September 2026 Neeta Sawant 13-WP-12439-2026.docx 2) It appears that Petitioner review against the order dated 9 ' April 2026 is rejected by order dated 14 August 2026. Petitioner has a remedy of filing Appeal before the Central Government Industrial Tribunal (CGIT) against the order dated 9 April 2026 and I accordingly proceed to pass the following order : (i) The order dated 16 June 2026 passed under Section 8F of the EPF Act is set aside. The amount recovered by virtue of order dated 16 June 2026 shall be adjusted against the amount depositable by the Petitioner while filing the Appeal. (ii) The Petitioner would be at liberty to file Appeal before the the CGIT challenging the order dated 9 April 2026. (iii) The period spent in prosecuting the present petition shall be excluded while computing the period of limitation in filing the Appeal. 3) With the above directions, the petition is disposed of. All contentions of the parties on merits are expressly kept open. [SANDEEP V. MARNE , J.] PAGE NO. 2 of 2 Monday, 21 September 2026 NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2026.09.22 11:02:58 +0530