IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 17371 of 2007 DATE OF DECISION : 25.02.2008 Raj Transport Company Pvt. Ltd., Amritsar .... PETITIONER Versus State Transport Commissioner, Punjab and another ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Mr. Baldev Kapoor, Advocate, for the petitioner. Mr. A.G. Masih, Additional Advocate General, Punjab, for the respondents. * * * SATISH KUMAR MITTAL , J. (Oral) Undisputedly against the impugned order, an appeal lies under Section 89 of the Motor Vehicles Act. Though the said appeal was not filed, when the instant writ petition was filed, because the Presiding Officer was not holding the Court. Now since the Presiding Officer in the Appellate Tribunal has been appointed, counsel for the petitioner states that the petitioner may be permitted to withdraw this petition with liberty to file appeal against the impugned order. He further submits that the appeal will be filed within a period of 30 days. Counsel for the respondents does not dispute this fact and states that if appeal against the impugned order is filed CWP No. 17371 of 2007 -2- within a period of 30 days, the objection of limitation will not be raised. Dismissed as withdrawn with the aforesaid liberty. In case, the appeal against the impugned order is filed within a period of 30 days, the Appellate Tribunal is directed to consider and decide the same on merits, in accordance with law. ( SATISH KUMAR MITTAL ) JUDGE February 25, 2008 ( RAKESH KUMAR GARG ) ndj JUDGE