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Bombay High CourtWP/5282/2019disposed off

Insta Exhibitions Pvt. Ltd. v. The State Of Maharashtra Thru The Gp And ORS

2019-04-23Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice A.S. Oka2 pages

520. wp 5282.19.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5282 OF 2019 Insta Exhibitions Pvt. Ltd.

.. Petitioner Vs.

The State of Maharashtra and ors.

.. Respondents Mr.Chandrakant B.Thakar, for the Petitioner.

Ms.Nisha Mehra, AGP for Respondent - State.

CORAM : A.S.OKA & M.S.KARNIK, JJ.

DATE : 23rd APRIL, 2019 P.C. :

.

Not on board. Taken on board.

2.

The grievance of the petitioner is that the application filed by the petitioner for restoration of the Appeal was dismissed without giving an opportunity of being heard and without recording reasons. The learned AGP on instructions states that the Deputy Commissioner of Sales Tax (Appeal) will decide the application afresh after giving an opportunity of 1/2

520. wp 5282.19.doc being heard to the petitioner. We accept the said statement. Hence, we dispose of this Petition by passing the following order :-

O R D E R

(i) The impugned order dated 04/04/2019 is hereby quashed and set aside and restoration application is restored to the file of the Appellate Authority;

(ii) The Appellate Authority shall decide the application as expeditiously as possible after giving an opportunity of being heard to the petitioner;

(iii) The Writ Petition is disposed of in the above terms. (M.S.KARNIK, J.) (A.S.OKA, J.) 2/2