High Court of Punjab and Haryana, Chandigarh
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M/s. Nexus Inc. D-35, Industrial Focal P v. State of Punjab & Ors - CWP-2117-2006  RD-P&H 5757 (22 August 2006)
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
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C.W.P NO. 2117 OF 2006
Date of decision : August 28, 2006
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M/s. Nexus Inc. D-35, Industrial Focal Point, ...Petitioner Sangrur.
State of Punjab & others ...........Respondents * * * * *
CORAM: HON'BLE MR. JUSTICE VINEY MITTAL
HON'BLE MR. JUSTICE H.S BHALLA
Present: Mr. H.S Deol, Advocate for the petitioner(s).
Mr. Sukhdip Singh Brar, Additional Advocate General, Punjab.
Mr. Govind Goel, Advocate for respondents no. 2 & 3.
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Viney Mittal, J. (Oral)
The petitioner has challenged the demand notice issued by the respondent-Punjab Small Industries and Export Corporation Limited (hereinafter referred to as `the Corporation') through a communication dated January 4, 2006 (Annexure P-3).
The primary grievance raised by the petitioner is that the aforesaid demand notice had been issued by the Corporation without issuing any notice to the petitioner and without ever affording any opportunity of hearing to him. Sh. Govind Goel, learned counsel appearing for the respondent-Corporation has very fairly informed the Court that before C.W.P NO. 2117 OF 2006 2
raising the demand through the communication Annexure P-3, the petitioner was never heard in the matter nor any show-cause notice was issued to him.
In this view of the matter, without going into the claim made by the petitioner, we allow the present petition and quash the demand notice Annexure P-3. However, the respondent-Corporation would be at liberty to issue show cause notice to the petitioner and after considering a reply thereto raise a fresh demand against the petitioner, if so advised.
Copy of the order be given dasti on payment of the usual charges.
( VINEY MITTAL )
August 28, 2006 ( H.S BHALLA )
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