M/S Kamdhenu Ispat Ltd v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 13933 of 2015 Decided on : 06.10.2015 M/s Kamdhenu Ispat Ltd.

. . . Petitioner

Versus

State of Haryana and others . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Rajiv Agnihotri, Advocate for the petitioner. Ms. Mamta Singla Talwar, DAG, Haryana.

**** AJAY KUMAR MITTAL, J. (Oral) The petitioner by way of present writ petition filed under Articles 226/227 of the Constitution of India seeks quashing of the order dated 22nd May, 2015 (Annexure P-13) for the Assessment Year 2003-04, whereby, the application of the petitioner for grant of interest on the amount refunded was rejected by the Assessing Authority. 2.

At the very outset, learned State counsel submitted that the order dated 22nd May, 2015 (Annexure P-13) is appealable and the petitioner having alternative and efficacious remedy of appeal be relegated to avail the same.

3.

Learned counsel for the petitioner submitted that time be granted to the petitioner for filing the appeal, so that the same may not be dismissed on the ground of limitation.

4.

Accordingly, while disposing of the writ petition, we allow 30 days time to the petitioner for filing the appeal impugning the order dated 22nd May, 2015 (Annexure P-13). In case the appeal is filed by the petitioner within the stipulated time, the same shall not be dismissed by the appellate authority on the ground of limitation. (AJAY KUMAR MITTAL) JUDGE (RAMENDRA JAIN) October 06, 2015 JUDGE J.Ram JAWALA RAM 2015.10.21 14:30 I attest to the accuracy and authenticity of this document Chandigarh