IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.11849-50-C of 2008 in RSA No.3975 of 2008 Decided on : 21.08.2009 HCL Infinet Ltd. ... Appellant versus Municipal Corporation, Jalandhar ...Respondent CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. Sandeep Goyal, Advocate for the appellant. Mr.Prem Kumar, Advocate for respondent. AJAY TEWARI, J. (ORAL) CM No.11849-C of 2008 For the reasons mentioned in the application, delay of 14 days in filing the appeal is condoned. CM stands disposed of. RSA No.3975 of 2008 This appeal has been filed against the concurrent judgments of the Courts below dismissing the suit of the appellant for permanent injunction restraining the respondent- Corporation from imposing octroi/penalty. In the written statement the specific case of the respondent was that the order dated 27.05.2004 had been passed imposing octroi and composition fee. When I put to the learned counsel for the appellant why this order was not challenged, he stated that no order was ever served upon the appellant. In the circumstances, I hold that the suit filed by the appellant for injunction restraining RSA No.3975 of 2008 -2- the Municipal Corporation from acting in pursuance to Section 19 read with 116 & 119 of Punjab Municipal Corporation Act, 1976 cannot be sustained. Consequently, this appeal and application for stay is dismissed. Learned counsel for the appellant however, states that he may be allowed to avail his remedy to challenge the order passed by the respondent. In my opinion, with the dismissal of this appeal, and the suit on the ground of maintainability it cannot be said that the order of imposition of octroi/composition fee has been upheld. In the circumstances, the appellant may if so advised challenge the said order by way of appropriate proceeding if any at this stage. It is further made clear that respondent would be at liberty to encash the bank guarantee executed by the appellant after a period of 30 days from the date of receipt of certified copy of this judgment unless, of course, the appellant is given interim protection by the appropriate forum. August 21, 2009 (AJAY TEWARI) sonia JUDGE