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2019 Supreme(Del) 278

REKHA PALLI
Indian Bank – Appellant
Versus
Regional Provident Fund Commissioner – Respondent


Advocates Appeared:
For the Petitioners: Mr. S.R. Sharma, Adv.
For the Respondents: Ms. Inderjeet Sidhu, Adv.

JUDGMENT :

REKHA PALLI, J.

1. Vide the present petition, the two petitioners/Indian Bank and its Chief Manager Shri N.K. Sharma, seek quashing of the order dated 27th February, 2013 as also the consequential show cause notice dated 28th February, 2013 issued by the respondent no.2/Recovery Officer, Employees Provident Fund Organization, Faridabad. Vide the impugned notice dated 27th February, 2013, the petitioner no.2 was asked to show cause as to why he should not be arrested for his failure to pay the sum of Rs.95,11,346/- towards the outstanding provident fund dues of respondent no.3 in terms of the recovery notice dated 4th January, 2006.

2. The admitted case of the parties is that the respondent no.3/ M/s Usha India Limited had been declared as a “defaulter” under the provisions of Employees Provident Fund & Miscellaneous Provisions Act (hereinafter referred to as the “Act”) where after vide its order dated 27th February, 2013, the respondent no.2/Recovery Officer had declared the petitioner/Bank as a “deemed defaulter” in accordance with the provisions of Section 8-F of the Act.

3. The present petition impugning the aforesaid show cause notices was filed on the premise that the p










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