M/S Kissan Beej Kendra v. Union Of India And Others
CWP-31911-2024 - 1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CWP-31911-2024 Decided on : 27.11.2024 M/s Kissan Beej Kendra . . . Petitioner(s)
Versus
Union of India and others . . . Respondent(s)
CORAM:
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Peyush Pruthi, Advocate for the petitioner(s).
Ms. Pridhi Sandhu, Sr. Standing Counsel for respondents No.1, 3 & 4 - UOI.
Ms. Mamta Singla Talwar, DAG, Haryana for respondent No.2.
**** SANJEEV PRAKASH SHARMA , J. (Oral) 1.
Notice of motion.
2.
Ms. Pridhi Sandhu, Sr. Standing Counsel, accepts notice on behalf of respondents No.1, 3 & 4, while Ms. Mamta Singla Talwar, DAG, Haryana, accepts notice on behalf of respondent No.2. 3.
The only ground on which appeal of the petitioner was rejected was failure to provide the self certified copy of the order against which appeal was filed. In the opinion of this Court, such appeal can only be treated as defected and could not have been dismissed. Opportunity ought to have been given to the appellant (petitioner herein), to remove the defect. Learned counsel for the respondents are present and we appreciate their stand stating that if the petitioner submits a self certified JAWALA RAM 2024.12.02 15:00 I attest to the accuracy and authenticity of this document
CWP-31911-2024 - 2 - copy of the order against which appeal is filed, the appeal shall be decided on merits.
4.
We, accordingly, allow the present writ petition and set-aside the order dated 25.10.2024 (P-4) passed by the Additional Commissioner, CGST Appeals, Panchkula, dismissing the appeal on the ground of non submission of self certified copy of the order. We also further direct the petitioner to file a self certified copy of the order before the Appellate Authority within a period of 15 days henceforth. If such self certified copy of the order is filed by the petitioner, the appeal shall be restored and be decided on merits by the Appellate Authority expeditiously preferably within a period of two months therefrom.
5.
All pending applications also stand disposed of accordingly. (SANJEEV PRAKASH SHARMA) JUDGE (SANJAY VASHISTH) JUDGE November 27, 2024 J.Ram Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No JAWALA RAM 2024.12.02 15:00 I attest to the accuracy and authenticity of this document