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Bombay High Court

DR N J PAULBUDHE INSTITUTE OF TECHNOLOGY THROUGH ITS PRESIDENT VINAY NATH PAULBUDHEversusREGIONAL PROVIDENT FUND COMMISSIONER NASHIK AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is disposed, allowing the petitioner to continue the appeal before CGIT-1, while the Court’s interim relief is extended for four weeks.

Summary

The petitioner, Dr N J Paulbudhe Institute of Technology, filed a writ petition challenging the non-availability of the Central Goods and Services Tax Appellate Tribunal (CGIT-1) in Mumbai at the time of filing. The petition sought relief pending the filing of an appeal before the Tribunal. The Court noted that the Tribunal is now functional and the appeal has already been filed. Consequently, the Court disposed of the writ petition, granting the petitioner liberty to pursue the pending appeal before CGIT-1. The Court also extended the interim relief originally granted on 27 June 2018 for an additional four weeks. Respondents were directed to approach the Tribunal with any application regarding alleged non‑compliance of the Court’s order.

Issues considered

  • What is the appropriate remedy when the designated tribunal is unavailable at the time of filing a writ petition?
  • Whether the Court should continue interim relief pending the filing of an appeal before the tribunal?

Subjects

  • writ petition
  • CGIT
  • interim relief
  • appeal
  • tribunal jurisdiction
  • Provident Fund

Judgment

2026:BHC-AUG:5405
             Dilwale                                       1                   9-wp-6549-18.odt




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                  9 WRIT PETITION NO. 6549 OF 2018

               Dr N J Paulbudhe Institute Of Technology Through Its President Vinay
                                           Nath Paulbudhe
                                               VERSUS
                    Regional Provident Fund Commissioner Nashik And Others
                                                 ...
             Advocate for the Petitioner : Mr. Waramaa B.R.
             Advocate for Respondent Nos.1 to 3 : Mr. N. K. Chaudhari with Mr.
             K.B.Choudhari
                                                     ...
                                      CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                      DATE          : 06.02.2026

             PER COURT :
             1.        The learned counsel for the parties submit that at the relevant time

             when the petition was filed, the Tribunal was not available. However, the

             Tribunal, i.e., CGIT-1, Mumbai, is now available.

             2.        In view of the above, since the appeal has already been filed, the

             present petition is disposed of with liberty to the petitioner to prosecute

             the remedy of appeal already availed and pending before CGIT-1,

             Mumbai.

             3.        The learned counsel for the respondents submits that there is non-

             compliance of the order passed by this Court.

             4.        In view of the above, I am inclined to continue the interim relief

             granted by this Court on 27.06.2018 for a period of four weeks from

             today.
Dilwale                                     2                   9-wp-6549-18.odt


5.        The respondents are at liberty to file an appropriate application

before the Tribunal pointing out the alleged non-compliance of the order

passed by this Court, and the Tribunal shall pass necessary orders in

accordance with law.

                                          [ SIDDHESHWAR S. THOMBRE ]
                                                    JUDGE


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