M/S Video Tax Electronics vs State Of Haryana And Others on 4 July, 2008

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                    C.W.P. No. 9561 of 2007
                                          DATE OF DECISION : 04.07.2008

M/s Video Tax Electronics, 12 Oberoi Petrol Pump, GT Road, Ambala City

                                                            .... PETITIONER

                                   Versus

State of Haryana and others

                                                        ..... RESPONDENTS

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
            HON'BLE MR. JUSTICE RAKESH KUMAR GARG


Present:    Mr. D.D. Verma, Advocate,
            for the petitioner.

            Mr. S.K. Garg Narwana, Addl. A.G., Haryana.

                                ***

SATISH KUMAR MITTAL , J. ( Oral )

Since the remedy of reference under Section 42 of the Haryana

General Sales Tax Act, 1975 (hereinafter referred to as `the Act’) is

available to the petitioner, who has straight way filed this writ petition

against the order dated 20.11.2006 (Annexure P-41), passed by the Haryana

Tax Tribunal, Chandigarh, without availing the remedy of reference,

counsel for the petitioner states that the petitioner may be permitted to

withdraw this writ petition with liberty to seek the remedy of reference

under Section 42 of the Act. Counsel for the petitioner further states that the

petitioner will file the reference before the prescribed authority within a
period of two months from today.

CWP No. 9561 of 2007 -2-

Since the writ petition was filed on 2.7.2007, we permit the

petitioner to withdraw this petition with liberty to file a reference under

Section 42 of the Act against the impugned order. In case, the reference is

filed within a period of two months from today, the objection of delay will

not be raised and the reference will be entertained in accordance with law.

Dismissed as withdrawn with the aforesaid liberty.

                                           ( SATISH KUMAR MITTAL )
                                                    JUDGE


July 04, 2008                              ( RAKESH KUMAR GARG )
ndj                                                 JUDGE