Patna High Court
Trustees Employees Provident Fund Organisation through the Regional ProvidentversusM/s Super Kisan Udyog
- Decided
- Disposal
- DISMISSED
Holding
The review petition is dismissed as no error apparent on the record and the power of review cannot be exercised as an appellate jurisdiction.
Summary
The Central Board of Trustees Employees Provident Fund Organisation (EPFO) filed a review application against the order dated 14‑11‑2022 of a coordinate bench of the Patna High Court in Letters Patent Appeal No.1440 of 2019, which had ordered the private respondent to pay simple interest on a sum of Rs.15,02,391. The EPFO sought modification of the interest calculation and payment timeline. The Court examined the record and held that no error was apparent on the face of the order and that a review cannot be used as an appellate remedy. Consequently, the Court found no merit in the review petition and dismissed it. The dismissal also covered any pending applications, which were ordered to stand disposed of.
Issues considered
- Whether the review petition filed by the EPFO is maintainable in view of the order dated 14‑11‑2022.
- Whether any error apparent on the face of the record justifies the exercise of the Court's power of review.
- Whether the power of review can be exercised as an appellate jurisdiction.
Subjects
- review jurisdiction
- letters patent appeal
- interest calculation
- Employees Provident Fund Organisation
- civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVIEW No. 109 of 2023
In
Letters Patent Appeal No.1440 of 2019
======================================================
1. The Central Board of Trustees Employees Provident Fund Organisation
through the Regional Provident Fund Commissioner-II (Legal), Employees
Provident Fund Organisation, Regional Office, R. Block, Road NO.6, P.S.
Sachivalaya, District-Patna.
2. The regional Provicent Fund Commissioner, Bihar, Bhavishya Nidhi
Bhawan, R. Block, Road, No.6, Patna- 800001
3. The Assistant Provident Fund Commissioner, Bihar, Bhavishya Nidhi
Bhawan, R. Block, Road, No.6, Patna- 800001
... ... Petitioners
Versus
M/s Super Kisan Udyog Through Proprietor Sheikh Shahnawaz Hussain,
Village-Dubey, Dehariya Rampur, P.O. Mujan, District-Kaimur, Bhabhua.
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/EPFO : Mr. Prashant Sinha, Advocate
For the Opposite Parties : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
5 30-03-2026 Heard learned counsel for the parties.
2. The present application has been preferred by the
petitioner seeking review of the order dated 14.11.2022 passed
by a co-ordinate Bench of this Court in LPA No. 1440 of 2019,
whereby the appeal filed by the private respondents was
disposed of with the following observations :
"We thus intend to and modify the order of the
learned Single Judge to the extent that the
appellant shall be liable to pay simple interest
on Rs. 15,02,391/- from 13.12.2006 to
04.09.2015, and further interest till date for not
Patna High Court C. REV. No. 109 of 2023(5) dt.30-03-2026
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having paid the interest i.e. from 04.09.2015 to
05.11.2019 (date of filing the appeal).
The EPFO shall calculate the aforesaid
amount, intimate the respondent of such
calculation and shall make payment of such
amount forthwith, which exercise shall be
concluded within a period of 30 days to be
counted from today."
3. Upon perusal of the materials available on record,
we are of the considered view that no case is made out
warranting exercise of the power to review. No error apparent
on the face of the record has been demonstrated so as to justify
interference. It is well settled that the power of review cannot be
exercised as an appellate jurisdiction.
4. In view of the aforesaid facts and circumstances,
we find no merit in the present review application, and the same
is accordingly dismissed.
5. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J.)
(Shailendra Singh, J.)
Gaurav Kumar/-
U
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