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Judgment
SUNIL GAUR, J.
Against attachment order of 18th April, 2018 (Annexure P-3), petitioner claims to have made a Representation (Annexure P-2) to first respondent
on 9th April, 2018. According to petitioner’s counsel, there is no response to the Representation (Annexure P-2). Learned counsel for petitioner
relies upon Section 10 of The Employees’ Provident Funds & Miscellaneous Provisions Act, 1952, to submit that provident fund of an employee
cannot be attached. In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition and the application with permission
to file Representation against impugned Attachment Order (Annexure P-3) to second respondent as well as to the first respondent within a week. If
any such Representation is received by the respondents, then a speaking response thereto, be given within a period of four weeks and its fate be
conveyed to petitioner within a week thereafter, so that petitioner may avail of the remedies as available in law, if need be. Till it is so done, let the
Attachment Order of 18th April, 2018 (Annexure P-3) be kept in abeyance. With the aforesaid directions, this petition and the application are
accordingly disposed of.
