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Judgment
S.J. Kathawalla, J.—By an order dated 11th November, 2011, the Respondent No. 1 - Regional Provident Fund Commissioner-I passed an order determining the liability of the petitioners company to the tune of Rs. 4,72,40,940/- and directing them to pay the said amount within 15 days. It was provided in the said order that if the petitioners fail to pay the amount as directed, action u/s 8F of the Employees Provident Funds and Misc. Provisions Act, 1952 shall be taken. The petitioners have filed an appeal before the Appellate Authority, New Delhi impugning the said order dated 11th November, 2011. However, since the seat of the Presiding Officer was vacant, the petitioners were unable to move an application before the Appellate Authority seeking stay of the order dated 11th November 2011. The Petitioners have therefore filed the present writ petition only to the extent of seeking reliefs by way of directions to the respondents not to take any coercive action against the petitioners pursuant to the order dated 11th November, 2011. However, the learned Advocates appearing for the parties have, today informed the Court that the Appellate Authority has now started functioning and that the appeal filed by the petitioners is placed before the Appellate Authority on 13th December, 2011. In view thereof, I pass the following order:
(i) the Appellate Authority shall hear and decide the Petitioners'' application for interim relief on 13th December, 2011.
(ii) the Respondents shall not take any coercive action against the Petitioners pursuant to the impugned order dated 11th November, 2011 upto 15th December, 2011.
Writ Petition is accordingly disposed of.