Anubha Rawat Choudhary, J. - (1.) Heard Mr. Piyush Chitresh, counsel appearing on behalf of the petitioner.
(2.) Heard Mr. Rupesh Singh, counsel appearing on behalf of the respondent-Employees Provident Fund Organisation.
(3.) This application has been filed for the following reliefs:- "In the instant application, petitioner prays for clarification/modification of the order dated 13.11.2009 passed in C.P. No. 5 of 2004 passed by Hon'ble Mr. Justice R.K. Merathia by suitably modifying the order with the direction to the CBT to consider the request of the petitioner/applicant for waiver of damages on merit and not to reject the same on technical grounds which has already been rejected by the Hon'ble Court vide order dated 24.04.2009 in the instant company proceedings. For suitable modification of the order dated 13.11.2009 by directing the BIFR to recommend the application of the petitioner for waiver of the damages in view of the sanctioned scheme of rehabilitation scheme in respect of the petitioner Company by this Hon'ble Court so that the application for waiving of the damages under Para 32 B of the EPF Scheme 1952 and 2nd Proviso to Section 14B of the EPF and MP Act 1952 is considered by the CBT. During the pendency of the instant application the recovery of the amount may be kept in abeyance/stayed.";