Karnataka High Court
WP/25884/2019 of M/S. MARUTHI CLOTHING CO. Vs THE ASSISTANT PROVIDENT FUND COMMISSIONER on 9 June 2026
NC: 2026:KHC:27921-DB WP No. 25884 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 25884 OF 2019 (GM-RES) BETWEEN: M/S. MARUTHI CLOTHING CO. NO.3,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO. 25884 OF 2019 (GM-RES)
BETWEEN:
M/S. MARUTHI CLOTHING CO.
NO.3, DODDANEKKUNDI INDL. AREA,
2ND PHASE, MAHADEVAPURA POST,
BANGALORE-560 048,
REPRESENTED BY ITS MANAGING DIRECTOR,
MR. RAJESH N.
…PETITIONER
(BY SRI. HARI KRISHNA S. HOLLA, ADVOCATE)
AND:
THE ASSISTANT PROVIDENT FUND COMMISSIONER
SRO-WHITEFIELD
NO.36, NH-4, LAKSHMI COMPLEX,
OPP. SYNDICATE BANK,
OLD MADRAS ROAD,
K.R. PURAM,
BANGALORE-560 036.
…RESPONDENT
(BY SRI. PRADEEP M., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH
THE
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ORDER
BEARING
Digitally signed by REKHA R Location: High Court of Karnataka
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NO.KN/PF/KRP/RecoveryCell/19296/2019-20 DATED 22.05.2019 (ANNEXURE-E) AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER
(PER: HON'BLE MR. JUSTICE T.M.NADAF)
This Writ Petition is by the establishment M/s.Maruthi Clothing Co. invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, assailing the Arrest Warrant issued against it by the respondent Provident Fund Authority 22.05.2019, signed on 23.05.2019 (Annexure-E).
2. It is noticed that in the connected matters which are disposed of today by us in W.P.No.25226/2019 and W.P.No.25227/2019, wherein a challenge was laid against the show-cause notice seeking explanation as to why he shall not be submitted to Civil prison as well as the
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auction of immovable property before the Central Government Industrial Tribunal-cum-Labor Court, but belatedly. However, in the case on hand, the petitioner approached this Court directly without availing the effective and alternate remedy as provided under the provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952. In that view of the matter, the petition is not maintainable in view of the alternative remedy. Accordingly, the Writ Petition is dismissed, reserving a liberty to the petitioner to take action on the show-cause notice before appropriate Forum, if so advised in accordance with the law.
3. If any such action is taken before the appropriate Forum, the same shall consider the pendency of this petition before this Court from 2019 until the date of this order while entertaining any application for condonation of delay, giving benefit under Section 14.
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4. In view of dismissal of the Writ Petition, pending interlocutory applications, if any, stand disposed of. Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 19