M/S Chargepoint Technologies India Private Limited v. State Of Haryana And Others

CWP-12157-2023 2023:PHHC:080295-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-12157-2023 Date of Decision:-31.05.2023 M/S ChargePoint Technologies India Pvt. Ltd ....Petitioner Vs.

State of Haryana and others.

....Respondents CORAM:- HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Pawan Kumar, Advocate for the petitioner Ritu Bahri, J. (Oral) The present petition is for setting aside order dated 13.12.2022 (Annexure P-4) passed by respondent No. 3 whereby appeal filed by petitioner, has been dismissed on the ground that the petitioner has failed to submit certified copy of impugned order (P-4). Learned counsel for the petitioner further submits that the impugned order has been passed without giving opportunity of hearing to the petitioner.

Issue notice of motion.

On asking of the Court, Ms. Mamta Singla Talwar, DAG, Haryana, accepts notice on behalf of respondent-State. This issue has already been examined by this Court in CWP No. 24845-2022, decided on 13.02.2023, which was allowed by observing that the impugned orders were already uploaded on the common portal and were already part of the appeal and it would amount to substantial compliance of Rule 108 of HGST Rules, 2017. This judgment was subsequently followed in CWP No. 6673-2023, decided on 29.03.2023. GAURAV ARORA 2023.06.01 14:19 I attest to the accuracy and authenticity of this order/document P&H HC, Chandigarh

Keeping in view the fact that the provision of certified copy of the decision or order appealed has now been done away with, as per memo dated 24.02.2023 and this memo has been reiterated to the First Appellate Authorities, the present petition is also allowed and order dated 13.12.2022 (Annexure P-4) is set aside. A direction is given to the Appellate Authority to decide the appeal on merits, expeditiously, after taking into consideration the photocopy of the impugned order.

(RITU BAHRI) JUDGE (MANISHA BATRA) JUDGE 31.05.2023 G Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No GAURAV ARORA 2023.06.01 14:19 I attest to the accuracy and authenticity of this order/document P&H HC, Chandigarh