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2022 Supreme(Jhk) 174

RAJESH SHANKAR
AKS Ventures Private Limited – Appellant
Versus
Employees Provident Fund Organization, through the Regional Provident Fund Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sumeet Gadodia
For the Respondent: Mr. P. S. A. S. Pati, Mr. Rohit Ranjan Sinha

JUDGMENT :

1. Learned counsel for the petitioner submits that he has already served two copies of the present writ petition to learned counsel for the respondent No.3.

2. In view of the said submission, the defect No.1 pointed out by the office is ignored.

3. The present writ petition has been filed for quashing the order dated 03.03.2022 (Annexure-8 to the writ petition) passed by the respondent No.2 whereby the bank account of the petitioner maintained with the respondent No.3 has been illegally and arbitrarily attached in pursuance of an order dated 14.01.2022 passed under Section 7-A of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 [hereinafter referred to as ‘the Act, 1952’] for recovery of the alleged amount of Rs.3,16,61,669/- due against the petitioner as EPF & Allied dues for the period from 04/2015 to 12/2017, despite the fact that the petitioner had already preferred appeal within the statutory period along with an application for waiver of pre-deposit and stay. The petitioner has also sought declaration that the action of the respondent No.2 in attaching the bank account of the petitioner vide order dated 03.03.2022 is wholly illegal and arbitrary as

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