- (1.) The first petitioner is a company incorporated under the provisions of the Companies Act, 1956 having its registered office at 281 Muthiganj Allahabad, the second petitioner is the Director of the Company. The petitioners have filed the present petition making a declaration that no other petition was filed for the same cause of action either before the Lucknow Bench of this Court or before this Court. This Court on 20 July 2015 on an objection being raised by the respondents that the present petition is a second petition for the same cause of action which has been filed after dismissal of the special appeal, passed the following order: "By means of present writ petition, the petitioners have prayed for rejecting the impugned recovery notice dated 22.5.2015 under Section 8-B (i) of the EPF & MP Act, 1952 and the Income Tax Act, 1961 issued by the respondent no.3 to the petitioner no.2 and further prayed for direction to the respondents to decide the petitioner's representation dated 11.1.2014and 4.7.2014 after affording due opportunity of hearing to the petitioners.
(2.) Shri Amit Negi, learned counsel for the contesting respondents states that the petitioner had earlier filed Writ Petition No.11936 of 2009 (M/s Maya Press (P) Ltd. & Anr. v. Union of India & Ors.) for quashing the warrant of arrest dated 26.11.2008 issued by the Recovery Officer, Employees Provident Fund Organization, Varanasi, pursuant to the recovery certificate issued under Section 8-C of the Employees Provident Fund and Misc. Provisions Act for recovery of Rs.71,81,297/-. This Court vide order dated 6.3.2009 had disposed of the writ petition with following observations:- "The petitioners will file an application under Section 8-E of the Employees Provident Fund and Miscellaneous Provisions Act before the authorised officer seeking time to make the payment. This application shall be filed on or before the 31st March, 2009. If such an application is filed, the authority will pass appropriate orders on the said application expeditiously after affording an opportunity of hearing to the petitioners. In the meantime, the warrant of arrest dated 26.11.2008 shall remain in abeyance till the disposal of the petitioners' application provided the petitioners deposits a sum of Rs. twenty lac within four weeks from today. The writ petition is disposed of. A certified copy of this order shall be made available to the petitioners on payment of usual charges within 24 hours."
(3.) Shri Negi, learned counsel for the respondents submits that there is material concealment in the matter. Nowhere it has been averred regarding the previous writ petition. He further apprised to the Court that in compliance of the order passed by this Court the petitioner had also not deposited Rs.20 lacs within stipulated time and had filed Special Appeal No.670 of 2009 (M/s Maya Press (P) Ltd. & Anr. v. Union of India & Ors.) assailing the aforesaid order dated 6.3.2009. The special appeal was dismissed by order dated 6.5.2009. It is submitted that the petitioner had deliberately violated the earlier order even though the same had attained finality on the ground that the appeal was also rejected and as such no interference may be made in the present writ petition. This writ petition may be treated as second writ petition for the same cause of action. Shri Krishna Mohan, learned counsel for the petitioners prays for week's time to obtain instructions in the matter. Put up this matter on 27.7.2015 as fresh." Upon matter being taken up today, petitioners have filed an application to dismiss the writ petition as withdrawn. In paragraph 2 of the affidavit it has been averred that upon inspection of the records it transpires that the previous litigations was done by the second petitioner personally and the deponent is a pairokar and had no knowledge of previous litigations.;