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High Court of Punjab and HaryanaCWP/25061/2015disposed of

M/S Surendra Steel Supply Co. v. The State Of Haryana Etc

2015-12-07Mr. Justice Surinder Gupta,Mrs Justice Daya Chaudhary2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 25061 of 2015 Decided on : 07.12.2015 M/s Surendra Steel Supply Co.

. . . Petitioner

Versus

The State of Haryana and another . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Avneesh Jhingan, Advocate for the petitioner. Ms. Mamta Singla Talwar, DAG, Haryana and Mr. Saurabh Mago, AAG, Haryana.

**** AJAY KUMAR MITTAL, J. (Oral) The petitioner has approached this Court under Articles 226/227 of the Constitution of India, seeking release of the goods in Trucks bearing registration Nos. PB-23J-5531, PH-23H-8501 & MP-04HE-0296 against surety bond in terms of the provisions of the Haryana Value Added Tax Act, 2003 (in short 'the Act').

2.

A written statement on behalf of respondents No.1 & 2 has been filed by the learned State counsel in Court today. The same is taken on record, subject to all just exceptions. It has been stated in the written statement that no such surety bonds have been furnished by the petitioner to respondent No.2. It has further been stated that in case the surety bonds in respect of the aforesaid goods are furnished by the petitioner, the goods shall be released in accordance with law. However, this fact has been seriously controverted by the learned counsel for the petitioner. 3.

Be that as it may, the original surety bonds duly notarized have been produced by the learned counsel for the petitioner in Court today, JAWALA RAM 2015.12.01 11:42 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 25061 of 2015 - 2 - which have been handed over to Sh. Devender Lamba, Assistant Excise & Taxation Officer (Enforcement), Jind-respondent No.2, who is present in person in Court today. He states that the petitioner may appear before him on 08.12.2015 and the goods shall be released in accordance with law. 4.

In view of the above, learned counsel for the petitioner states that the present writ petition has been rendered infructuous and may be disposed of as such.

5.

Ordered accordingly.

(AJAY KUMAR MITTAL) JUDGE (RAMENDRA JAIN) December 07, 2015 JUDGE J.Ram JAWALA RAM 2015.12.01 11:42 I attest to the accuracy and authenticity of this document Chandigarh