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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
                                                         2/2




                                               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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