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IN THE EMPLOYEES’ PROVIDENT FUNDS APPELLATE

TRIBUNAL, ROUSE AVENUE, DISTRICT COURT COMPLEX,


DELHI

BETWEEN
M/S JUPITER HOSPITALITY PVT LTD (DSNHP/32098)
Through it’s Director ……………. APPELLANT
VS.
REGIONAL PROVIDENT FUND COMMISSIONER - II,
……………. RESPONDENT

Application under section 7 (2) of the Employees’ Provident Fund


and Miscellaneous Provisions Act, 1952 for the Condonation of
Delay
MOST RESPECTFULLY SHOWETH :-

1) That This Condonation of Delay Application has been filed with


the main appeal under 7(1) that has been filed in this honourable
tribunal to challenge the order passed by the APFC Dwarka. The
brief details of the orders are as follows:
Order No. DLW/Comp-V/7A/DSNHP/32098/2024/1687
Date: 05/02/2024
Passed by: Sh. Ravi Shukla, RPFC-II,
Received on: 01.03.2024 via email

2) That the Applicant could not file the appeal within 60 days from
the date of issue of the said order due the fact that he did not
receive the notice on the date it was issued.
3) That the appellant was prevented by sufficient cause from
preferring the appeal within the prescribed period, hence this
Hon’ble Tribunal has power to extend the said period by a further
period of 60 days.
PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Tribunal


may kindly be pleased to extend the said period by a further _____
days, thereby condoning the delay.

Signature of the Appellant

VERIFICATION

I, Rakesh Paul Singh. S/O, Late Sh. K S Paul Age 59 years working
as Director in the office of M/S JUPITER HOSPITALITY PVT LTD
(DSNHP/32098) Resident of A 7/2 Block A Shanti Kunj Church
Road Vasant Kunj New Delhi 110070 do hereby verify that the
contents of paras 1 to 3 are true to my personal knowledge and
that I have not suppressed any material fact.

Date: Signature of the appellant

Place:
IN THE EMPLOYEES’ PROVIDENT FUNDS APPELLATE
TRIBUNAL, ROUSE AVENUE, DISTRICT COURT COMPLEX,
DELHI

BETWEEN
M/S JUPITER HOSPITALITY PVT LTD (DSNHP/32098)
Through it’s Director ……………. APPELLANT
VS.
REGIONAL PROVIDENT FUND COMMISSIONER - II,
……………. RESPONDENT

Application under section 7 (O) of the Employees’ Provident Fund


and Miscellaneous Provisions Act, 1952 to waive or reduce the
amount to be deposited.
MOST RESPECTFULLY SHOWETH :-

1) That This Application has been filed with the main appeal under
7(1) that has been filed in this honourable tribunal to challenge
the order passed by the APFC Dwarka. The brief details of the
orders are as follows:
Order No. DLW/Comp-V/7A/DSNHP/32098/2024/1687
Date: 05/02/2024
Passed by: Sh. Ravi Shukla, RPFC-II,
Received on: 01.03.2024 via email

2) That the Appellant is a Pvt Ltd Company with no business.

3) That the Appellant has been directed by the Respondent to deposit


an additional amount of Rs. 37,64,258, vide above mentioned
order dated 05.02.2024, received on 01/03/2024. The said order
and the email received in this matter have been annexed as
Annexure A and Annexure B, respectively.
4) That Appellant is not a principal employer but was a contractor of
ONGC Ltd and ONGC Videsh.
5) That on 10.04.2015, the Appellant provided the available records
sought by the Respondent. Later the concerned DR estimated the
quantified dues at Rs. 47,88,657, which was later revised to Rs.
68,45,580 and then further revised to Rs. 78,75,224. The Union
representatives were satisfied with the report. By an order dated
27.01.2016, the Respondents directed ONGC Ltd and ONGC Videsh
to deposit the forfeited amount of the Appellant and to deposit the
same with EPFO. ONGC Ltd and ONGC Videsh, without any
instructions from the Appellant, deposited Rs. 74,61,852 and Rs.
4,13,372, respectively.
6) That no interest was paid by EPFO or the Principal Employers,
ONGC Ltd and ONGC Videsh, for the period they held the
Appellant's amount. This absence of interest payment is deemed
unjust, potentially leading to punitive actions against the Appellant
across various fronts.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Tribunal may
kindly be pleased to waive or reduce the amount to be deposited.
.
Signature of the Appellant

VERIFICATION

I, Rakesh Paul Singh. S/O, Late Sh. K S Paul Age 59 years working
as Director in the office of M/S JUPITER HOSPITALITY PVT LTD
(DSNHP/32098) Resident of A 7/2 Block A Shanti Kunj Church
Road Vasant Kunj New Delhi 110070 do hereby verify that the
contents of paras 1 to 6 are true to my personal knowledge and
that I have not suppressed any material fact.

Date: Signature of the appellant


Place:

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