AVM OIL FIELDS SERVICES THROUGH PARTNER VIJAYPAL SINGH S/O SHER SINGHversusEMPLOYEES PROVIDENT FUND ORGANIZATION
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court allowed the petition, restraining the respondent from taking coercive steps and ordering removal of the bank attachment until the application under Section 7(o) is heard by the CGIT.
Summary
The petitioner, AVM Oil Fields Services, filed a petition under Article 226 of the Constitution seeking a stay of recovery proceedings initiated by the Employees Provident Fund Organization under a Section 7A order dated 14‑11‑2025. The petition was filed because the appeal against that order is pending before the Central Government Industrial Tribunal (CGIT) Ahmedabad, whose presiding officer is currently unavailable, leaving the application for waiver of pre‑deposit under Section 7(o) undecided. The petitioner argued that without a stay, coercive steps, including attachment of its bank account, would be taken within 15 days, causing hardship. The respondent contended that a deposit is required for the appeal and that no relief should be granted absent such deposit. Relying on a prior decision (SCA No.6511 of 2022), the Court allowed the petition, directing the respondent not to take any coercive steps and to remove the bank attachment until the Section 7(o) application is heard by the tribunal.
Issues considered
- Whether the High Court may grant interim relief staying recovery proceedings pending the hearing of an appeal before the CGIT when the tribunal is not available.
- Whether the respondent can be restrained from taking coercive steps, including bank attachment, before the application under Section 7(o) is decided.
Legislation cited
Subjects
Judgment
C/SCA/1229/2026 ORDER DATED: 30/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1229 of 2026
================================================================
AVM OIL FIELDS SERVICES THROUGH PARTNER VIJAYPAL SINGH S/O
SHER SINGH
Versus
EMPLOYEES PROVIDENT FUND ORGANIZATION
================================================================
Appearance:
MR HEM R DAVE(11961) for the Petitioner(s) No. 1
MR PATHIK M ACHARYA(3520) for the Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 30/01/2026
ORAL ORDER
1. The present petition is filed under Article 226 of the Constitution
of India by the petitioner praying to declare the action of the
respondent in initiating recovery proceedings against the petitioner in
pursuance to section 7A order dated 14.11.2025 though appeal
against said orders are pending before the learned C.G.I.T and
presiding ofÏcer of learned C.G.I.T is not available at present and in
absence of presiding ofÏcer of learned C.G.I.T, the application which is
preferred under section 7(o) for waiving the pre-deposit would remain
undecided.
2. Learned advocate Mr.H.R. Dave submits that if this order is not
stayed then on completion of 15 days from the date of issuance of the
order, recovery proceedings would be initiated and coercive steps
against the present petitioner would likely to be taken. Learned
advocate Mr.Dave submits that it may cause hardship to the present
petitioner.
Page 1 of 3
C/SCA/1229/2026 ORDER DATED: 30/01/2026
3. On the other hand, this petition is opposed by learned advocate
Mr. Acharya. Learned advocate Mr. Acharya submits that as per his
instructions the presiding ofÏcer of Jaipur Branch has been given the
charge and he was visiting twice in a month upto the last month,
however, thereafter charge was also not extended further. Learned
advocate Mr. Acharya submits that he is required to show some
bonafide by depositing the amount which is required for filing the
appeal before the learned tribunal. Learned advocate Mr. Acharya
submits that in absence of any deposit no relief can be granted to the
present petitioner as learned tribunal would also be not in possession
in absence of deposits except coming to the conclusion that
application under section 7(o) is required to be granted. In view of the
above, learned advocate prays to dismiss this petition.
4. Considering the submission made by learned advocate Mr.Dave
and the decision in SCA No.6511 of 2022, relied by the learned
advocate for the petitioner wherein, in the similar situation this Court
has disposed of the matter by protecting the petitioner from coercive
steps till the decision of the appeal. In view of the above, this petition
is allowed with following directions:
(a) The petition is disposed of in view of non availability of the Central
Government Industrial Tribunal, Ahmedabad, wherein the appeal is
filed by the petitioner.
(b) It is clarified that till the application under section 7(o) of the
petitioner is heard on merits, the respondents are directed not to take
coercive steps against the petitioner and to remove attachment of
bank account. It is further clarified that this court has not examined
Page 2 of 3
C/SCA/1229/2026 ORDER DATED: 30/01/2026
the matter on merits and since the Appellate Tribunal is not available
on regular basis, the matter is disposed of in the aforesaid terms.
(c) It is clarified that the interim relief restraining the respondents
from taking coercive steps will operate till the Tribunal hears the
application under section 7(o). The petition is disposed of,
accordingly.
5. Direct service is permitted.
(HEMANT M. PRACHCHHAK,J)
Dolly
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 30/01/2026 17:12:55
Page 3 of 3
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.