(1.) HEARD the learned counsel for the parties, perused the pleadings and examined the prohibitory order dt. 1/10/2013 Annex.E.
(2.) THERE is force in the submission of Sri.K.R.Anand, learned counsel for the petitioner, that the order dt. 17/9/2013 Annex.D of the respondent, Regional Provident Fund Commissioner, Udupi, invoking Sec.7A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, for short the 'Act', directing the petitioner to pay Rs.6,79,914/ - within 15 days, failing which recovery of the amount would be effected under Sec.8B to 8G of the Act, as also prosecution, if given effect to, would render infructuous the statutory right of filing an appeal under Sec.7 -I of the Act within the time limited by the statute.
(3.) LEARNED counsel for the petitioner submits that the appeal would be filed within the statutory period of limitation along with necessary application for waiver of pre -deposit.