M. P. THAKKAR, R. C. MANKAD, J.

( 1 ) THE legality and validity of an order as per Annexure A dated 31/03/1980 passed by the Regional Provident Fund Com- missioner Gujarat State ordering payment of damages for delayed pay- ment of amount of Provident Fund/family Pension Fund/deposit Linked Insurance Scheme and administrative charges for the period between March 197 3/08/1977 has been challenged by way of the present petition under Art. 227 of the Constitution of India on the ground that it discloses errors apparent on the face of the record. The challenge is made by the Arvind Mills Ltd. which acquired the assets and liabilities of an undertaking known as The Ahmedabad Laxmi Cotton Mills Com- pany Ltd. which was under liquidation pursuant to the sanction accorded by the High Court in Company Petitions Nos. 87 and 88 of 1978 to the proposed Scheme of amalgamation compromise and arrangement. Under the said scheme as per sub-paragraph 4 of paragraph 16 a provision was made that the Arvind Mills Ltd. the petitioner herein shall pay all the arrears due to the Provident Fund Commissioner within one month of the sanction of the scheme. It was also agreed by the petitioner Company that the

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