M/S V S Traders v. State Of Punjab And Others

LAVISHA 2024.12.17 10:51 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh

4.

Accordingly, we hold that the powers to hear the appeal in terms of Section 107 of the Act would not be subject to filing of an appeal within the time prescribed wherein, it would not in any manner deprive a person from claiming the right of hearing of an appeal by filing of a writ petition before this Court for condonation of delay.

5.

Now considering the aforesaid issue which is purely legal, we find that no reply from the respondents is required to be filed and we condoned the delay also as the petitioner(s) have already submitted the pre-deposit amount for hearing of the appeal."

2.

In view of the above, we examined the reasons for delay and find that on account of personal difficulty and family circumstances, the petitioner was prevented from filing of an appeal within time. 3.

Exercising powers under Article 226 of the Constitution of India and in terms of the judgment passed by the Supreme Court in the case of M/s Tecnimont Pvt. Ltd. vs. State of Punjab and others, 2019 INSC 1054, we condone the delay and direct the respondents to re-hear the appeal already filed, on merits. The petitioner would be provided chance of personal hearing, also.

4.

The writ petition stands disposed of accordingly. 5.

Pending miscellaneous application(s), if any, shall also stand disposed of.

LAVISHA 2024.12.17 10:51 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh