IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.1528 of 2010 Date of decision: 29.1.2010 M/s Mahalaxmi Oil Mill, Julana & another. -----Petitioners. Vs. State of Haryana & another. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Mukand Gupta, Advocate for the petitioners. --- ORDER: 1. Notice of motion to respondent No.1. Mr. M.S. Sindhu, learned Addl.A.G., Haryana, present in Court, accepts notice. 2. Since the issue involved in this petition is simple, with the assistance of counsel for the parties, we proceed to finally dispose of the matter. 3. The petitioners were assessed to sales tax under the provisions of Haryana General Sales Tax Act, 1973, against which they approached the Tribunal. On earlier occasion, this Court vide order dated 20.12.2007, directed that case of the petitioner be considered on merits on deposit of certain amount. Since the deposit was not made by the time the appeal was CWP No.1528 of 2010 heard, the Tribunal dismissed the appeal for want of pre-deposit vide order dated 29.1.2009, Annexure P-11, against which this petition has been filed on the ground that report had not been made. 4. In view of the fact that the petitioners claim to have made deposit, we direct that appeal of the petitioners be decided on merits in accordance with law after verifying that deposit has been made. 5. The petition is disposed of. (ADARSH KUMAR GOEL) JUDGE January 29, 2010 ( ALOK SINGH ) ashwani JUDGE 2