Created by Fuzzy Cloud

Bombay High Court

NESTOR HOTELS PVT LTDversusASSISTANT PROVIDENT FUND COMMISSIONER KANDIVALI

Decided
Disposal
Disposed Off

Holding

The writ petition is not maintainable as the petitioner has an alternative remedy under Section 7‑I of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, and the petition is therefore disposed.

Summary

Nestor Hotels Pvt. Ltd. filed a writ petition before the Bombay High Court challenging the actions of the Assistant Provident Fund Commissioner, Kandivali. The petitioner argued that the High Court should entertain the petition despite the existence of an alternative remedy under Section 7‑I of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. The Court observed that the statutory scheme provides a specific appeal mechanism and therefore declined to interfere with the administrative decision. It disposed of the writ petition while leaving open the option of filing an appeal under the said provision. Additionally, the Court directed that time spent on the review and the present petition be excluded from the limitation period if an appeal is filed within one week.

Issues considered

  • What is the maintainability of a writ petition when an alternative statutory appeal under Section 7‑I of the EPF Act, 1952, is available?
  • How should the limitation period be computed for filing the appeal if the petitioner has pursued a review and a writ petition?

Legislation cited

Subjects

  • Writ petition
  • Alternative remedy
  • Section 7‑I
  • Employees’ Provident Funds Act
  • Limitation period
  • High Court of Bombay
  • Appeal

Judgment

                      Neeta Sawant                                         15-WP--10509-2026.docx


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION


                                           WRIT PETITION NO. 10509 OF 2026


                      Nestor Hotels Pvt. Ltd.                                     …..Petitioner

                            : Versus :
                      Assistant Provident Fund Commissioner
                      Kandivali                                                     ….Respondent


                      Ms. Kiran Singh with Ms. Mahima Nallaseri, for the Petitioner.
                      Mrs. Shehnaz V. Bharucha, for the Respondent.



                                                               CORAM : SANDEEP V. MARNE, J.
                                                               DATED : 19 AUGUST 2026.
                      P.C :

                      1)               Considering the fact that there is alternate remedy of filing
                      Appeal under Section 7-I of the Employees’ Provident Funds and
                      Miscellaneous Provisions Act, 1952, this Court is not inclined to
                      entertain the present petition. Leaving open the remedy of filing Appeal,
                      the Writ Petition is disposed of.


                      2)               The time spent in prosecuting the Review Petition and the
                      present petition shall be excluded while computing the period of
                      limitation if the Appeal is filed within one week.
         Digitally
         signed by
         NEETA
NEETA    SHAILESH
SHAILESH SAWANT
SAWANT Date:
         2026.08.20
         15:03:17
         +0530
                                                                        [SANDEEP V. MARNE, J.]

                      _____________________________________________________________________________
                                                        PAGE NO. 1 of 1
                                                    Wednesday, 19 August 2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.