B. T. KADLAG CONSTRUCTIONS PVT LTD vs THE EMPLOYEES PROVIDENT FUND ORGANIZATION THRU. A.P FUND AND ORS

Judgment text excerpt

-WP-12754-2025-.DOC Arun Sankpal IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12754 OF 2025 B.T. Kadlag Constructions, A Private Limited Company, Having its registered office at 3, V-square Building, Second Floor, Near Sandip Hotel, Mumbai Naka, Nashik – 422 001, Through its Director Shri Bhairavnath Trymbak Kadlag ..Petitioner Versus 1. The Employees Provident Fund Organization, Through Assistant Provident Fund Commissioner / Recovery Officer, Regional Office at Nashik. 2. Niphad Sahakari Sakhar Karkhana Ltd. Pimplas, Tal. Niphad, Dist. Nashik, Through its Liquidator. 3. The Chairman, Nashik District Central Cooperative Bank, Mumbai – Agra Road, Nashik, Near Central Bus Stand, Nashik. 4. The State of Maharashtra …Respondents Mr. Sanskar Marathe, for the Petitioner. Mr. Arsh Mishra, for Respondent No.1. Mr. Sachin Gite, for Respondent No.3. ARUN RAMCHANDRA SANKPAL CORAM: N. J. JAMADAR, J. Digitally signed by ARUN RAMCHANDRA RESERVED ON : 4th NOVEMBER 2025 SANKPAL Date: 2025.11.18 22:23:03 +0530 PRONOUNCED ON : 18th NOVEMBER 2025 JUDGMENT: 1/26 -WP-12754-2025-.DOC 1. Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally. 2. This Petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of a prohibitory order dated 22 nd August 2025 passed by the Assistant Provident Fund Commissioner / Recovery Officer, Nashik (R1), whereby the Petitioner has been restrained from making payment of the amount which the Petitioner owes to M/s Niphad Sahakari Sakhar Karkhana Ltd (R2), the employer or to any person whomsoever, except the Recovery Officer. 3. The background facts leading to this Petition can be stated in brief as under: 3.1 Niphad