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Bombay High Court

M/S DR J J MAGDUM COLLEGE OF ENGINEERINGversusTHE REGIONAL PROVIDENT FUND COMM II KOLHAPUR

Disposal
Disposed Off

Holding

The Court held that the interim orders shall continue in force until the appeal is finally disposed of or a stay is granted.

Summary

M/s Dr J J Magdum College of Engineering filed a writ petition before the Bombay High Court, Kolhapur Bench, challenging an order of the Regional Provident Fund Commissioner‑II. An interim relief was granted on 08‑07‑2026. Both parties appeared and agreed that the interim order had been complied with and the respondent raised no objection to its continuation. The Court directed that the interim orders remain effective until the appeal is finally decided or a stay is granted, whichever occurs first. It further clarified that any deposits made by the petitioner will be governed by the outcome of the appellate forum, and the petitioner may claim benefits under the scheme as permitted by law. The petition was consequently disposed with the direction to continue the interim relief.

Issues considered

  • Whether the interim relief granted on 08‑07‑2026 should continue pending the final decision of the appeal or a stay application
  • Whether the petitioner’s deposits are to be held subject to the outcome of the appellate forum

Subjects

  • interim relief
  • writ petition
  • Provident Fund
  • stay order
  • appeal
  • deposit
  • scheme benefit

Judgment

                                                                                   14-WP-2901-2026=.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIRCUIT BENCH AT KOLHAPUR
                                            CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 2901 OF 2026
          Digitally
          signed by
          UDAY
                       M/s Dr J J Magdum College of Engineering                  … Petitioner
UDAY      SHIVAJI
SHIVAJI   JAGTAP
JAGTAP    Date:
          2026.08.20
                                        Vs.
          14:42:29
          +0530
                       The Regional Provident Fund Commissioner-II               … Respondent
                       Kolhapur
                                                     ………….
                       Ms. Simran Sameena a/w Ketaki Sahastrabudhe i/b Sanadiip S. Mutalik
                       for the Petitioner
                       Ms.Divya Tyagi (through VC) for the Respondent
                                                     ………….
                                                        CORAM : SHAILESH P. BRAHME, J.

                                                        DATE        : 19th AUGUST, 2026.
                       P. C. :

                       .         Heard.

                       2.        Learned counsel appearing for the parties are unanimous that

                       matter can be disposed of in terms of interim relief granted by this Court

                       on 08.07.2026.

                       3.        Learned counsel appearing for the respondent confirms that

                       interim order has been complied with and she has no objection for

                       continuation of interim relief till the decision of the appeal.

                       4.        The Writ Petition is disposed of with a direction to continue the

                       interim orders passed on 08.07.2026 till final disposal of the appeal or



                       Uday S. Jagtap                      1 of 2
                                                             14-WP-2901-2026=.doc



decision over the application for stay, whichever is earlier.

5.       It is clarified that deposits made by the petitioner shall be subject

to outcome of the decision of the Appellate Forum. It would be open for

the petitioner to claim benefit of the Scheme, as is permissible in law.



                                              ( SHAILESH P. BRAHME, J. )




Uday S. Jagtap                       2 of 2


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