CENTRAL BOARD OF TRUSTEES, EMPLOYEES PROVIDENT FUND vs INDUSIND BANK LTD AND ORS

Judgment text excerpt

WP(St.).33333.2023.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO.33333 OF 2023 Central Board of Trustees, Employees Provident Fund. .. Petitioner Versus IndusInd Bank Ltd. & Ors. .. Respondents ....................  Mr. Ravi Rattesar, Advocate for Petitioner.  Mr. Siddharth Samanataray a/w Priyanka Fadia i/b Shashank Fadia, Advocates for Respondent No.1.  Mr. Alok Mishra a/w Adv. Juilee Modak, Advocates for Respondent No.6. ......…........... CORAM : MILIND N. JADHAV, J. DATE : DECEMBER 17, 2025. JUDGMENT: 1. Heard Mr. Rattesar, learned Advocate for Petitioner, Mr. Samanataray, learned Advocate for Respondent No. 1 and Mr. Mishra, learned Advocate for Respondent No.6. 2. Present Petition is filed seeking auction of Respondent No.2’s property / premises as per valuation done by Petitioner under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short “the EPF Act”) and to restrain Respondent Nos.1 to 6 from taking possession of Flat Nos. 404, 405, 406, 1804, 1805 and 1806 situated in Shree Swami Samarth Prasanna, Unit No.1 Co-operative Housing Society Limited, Samartha Angan Complex, Oshiwara East, Mumbai 400053 (for short “said flats”). 1 of 32 WP(St.).33333.2023.doc 3. Briefly stated, Petitioner is a statutory body constituted under the EPF Act, 1952 to administer Provident Fund to employees whose employers are enrolled / registered under the EPF Act,1952 and Respondent No.2 - Company is one such employer enrolled under the provisions of the EPF Act,1952. Respondent No. 2 – Company obtained loan / credit facitlites from Respondent No.1 – Bank for the purpose of running business operations but however defaulted in repayment of its dues. Respondent No.2 – Company also defaulted in remittance