M/S Vinod Brothers vs State Of Haryana And Others on 17 November, 2008

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH.

                                         C.W.P. No.19461 of 2008
                                       Date of decision: 17.11.2008

M/s Vinod Brothers, Gurgaon.
                                                          -----Petitioner
                                 Vs.
State of Haryana and others.
                                                    -----Respondents


CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
            HON'BLE MR JUSTICE L.N. MITTAL

Present:-   Mr. Girish Agnihotri, Sr. Advocate with
            Mr. Vijay Pal, Advocate
            for the petitioner.
                  -----

ORDER:

Notice of motion to respondent No.3.

Ms. Ritu Bahri, DAG, Haryana, present in Court,

accepts notice.

We have heard learned counsel for the parties.

Only point raised in this petition is that appeal of the

petitioner was dismissed by the respondent No.3, who is the

appellate authority, as the petitioner failed to deposit the tax due

as per the interim order of the appellate authority. However, the

petitioner has now deposited the same and it will be in the

interest of justice if the appeal is decided on merits.

We do not find any reason to reject the prayer.
C.W.P. No.19461 of 2008

2

Without going into the merits of the case, we direct

respondent No.3 to verify the fact whether deposit has been

made and if the petitioner has already made the deposit, as

claimed, the appeal of the petitioner may be decided on merits.

The petition is disposed of.

                                     ( ADARSH KUMAR GOEL )
                                              JUDGE


November 17, 2008                            ( L. N. MITTAL )
ashwani                                           JUDGE