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Judgment
In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 10:30 A.M. onwards. They have no complaint in respect to the audio and video clarity and quality.
I.A. No. 3016 of 2019 has been preferred for addition of respondent Nos. 4, 5 and 6 namely, Superintendent of Police, Dhanbad; Recovery Officer, Employees' Provident Fund Organization, Ranchi; and Officer Incharge, Chirkunda Police Station, Dhanbad, respectively and further for staying the warrant of arrest issued against the petitioner vide order dated 04.03.2019, passed by the Recovery Officer in respect of Certificate No. 37 dated 23.04.2015 and Certificate No. 1 dated 03.01.2012, forwarded by Authorized Officer, Assistant Provident Fund Commissioner, Ranchi for recovery of arrears from the petitioner.
At the very outset, Mr. P.P.N. Roy, learned senior counsel assisted by Mr. A.N. Roy, learned counsel appearing for the petitioner draws the attention of the Court towards Annexure-I.A/4 page 26 and argues that since petitioner has already deposited a sizable amount and a meagre amount has been left to be deposited, the warrant of arrest be stayed. It has been argued that with malafide intention, the Superintendent of Police, Dhaband with connivance of Recovery Officer, has issued this warrant of arrest.
However, nothing has been brought on record to show that what amount has been deposited by the petitioner and what amount remains unpaid.
Mr. Rupesh Singh, learned counsel appearing for the respondent-EFPO vehemently opposes the contention of learned senior counsel and argues that warrant dated 04.03.2019 has become redundant. Referring to the last paragraph of the warrant, learned counsel submits that till date warrant has not been executed and as such, there is no need for stay.
Upon hearing the parties and going through the records, I hereby direct the petitioner to file a specific affidavit as to what amount has been deposited till date and what amount remains to be deposited, which is still due. Mr. Rupesh Singh, learned counsel for the respondent-EPFO is also directed to verify the same from the respondents and file reply to the Interlocutory Application No. 3016 of 2019.
As prayed, put-up this case along with I.A. No. 3016 of 2019, on 15.10.2020.
In the meantime, parties shall file their respective affidavits, after exchanging the same.
Since it has been submitted by learned senior counsel that a sizable amount has been deposited, petitioner is at liberty to deposit the rest amount by the said date.
Let it be made clear that no coercive steps shall be taken against the petitioner till the next date of hearing i.e. 15.10.2020.