Dismissed¶24

M?S Prince Bus and Transport v. State of Punjab

Punjab & Haryana HC6 Feb 2025RSA/2079/2000

Case brief

AI extract

What is this about?

RSA-2079-2000 (O&M); Punjab & Haryana High Court; Nidhi Gupta, J.; dismissal for non-prosecution; appellant unrepresented; suit for recovery Rs. 36,400/-; challan deposit; Section 14 Punjab Motor Vehicle Taxation Act 1924; Roshan Lal v. M.C. Nabha 1996 (1) CCC 398; State Transport Commissioner Chandigarh; audit note Accountant General Punjab; Civil Court jurisdiction barred; Prince Bus and Transport Co. Kapurthala; State of Punjab; pending applications disposed.

What did the court decide?

It can safely be presumed that neither the appellants nor its counsel is seriously interested in pursuing the present matter, as there was no representation despite the case having been called twice. ¶23

M?S Prince Bus and Transport Vs State of Punjab — Motor Accident Claims | Punjab & Haryana HC (2025)

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RSA-2079-2000 (O&M) -1-

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IN THE H I GH COURT OF PUNJAB AND H ARYANA AT CHANDIGARH

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214 RS A -2079-2000 (O&M)

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Dat e of Decision: 06.02.2025

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M/s Prince Bus and Transport Co. Ltd. Ka p urthala .… Appellants

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Versus

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State of P u njab and others .... Respondents

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CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

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Present: - None for the appellant.

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Mr. Manmeet Singh Teji, AA G , Punjab.

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NIDHI GUPTA, J. (ORAL)

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The present regular second a p peal has been preferred by the plaintiff/a p pellant against the concurrent j udgments and decrees of both the Courts below whereby the suit for rec o very filed by the plaintiff was dismissed b y both the Courts below.

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The matter pertains to the yea r 2000.

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On the last date of hearing i .e. on 13.11.2024, when this

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appeal wa s listed for hearing, followin g order was passed by a coordinate B e nch of this Court:-

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“As per the office re p ort, learned counsel for the appellant- Puneeta Sethi, Adv o cate has been duly served. Learned State counsel h as submitted that the present suit was filed for recovery of Rs. 36,400/- which were deposited by the appellant o n account of being challaned, however, the Court below by r elying upon Section 14 of the Punjab Motor Vehicle Taxat i on Act, 1924 have dismissed the suit and further by relyin g upon the judgment passed by this Hon’ble Court in the c a se of “Roshan Lal Vs. M.C. Nabha” 1996 (1) CCC 398.

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The learned First App e llate Court also dismissed the appeal filed the appellant an d held that the State Transport Commissioner Chandigarh w as competent to order the

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RISHU KATARIA 2025.02.11 16:54 I attest to the accuracy and authenticity of this order/judgment.

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RSA-2079-2000 (O&M) -2-

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recovery of the tax on the basis of audit note of the Accountant General Punjab and the jurisdiction of the Civil Court was barred.

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The matter is pending b efore this Court since the year 2000 and there is no rep r esentation on behalf of the appellant, however, one last opportunity is granted to the appellant, failing which the p r esent appeal shall proceed in accordance with law.

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Adjourned to 27.11.20 2 4. Learned counsel for th e appellant be notified for the date fixed.”

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On the last date of heari n g, the appellant had gone un-represe n ted. Today again, there is no r epresentation on behalf of the appellant, d espite the case having been c a lled twice. Therefore, it can safely be p resumed that neither the appell a nts nor its counsel is seriously interested i n pursuing the present matter.

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In view of the above, the in s tant regular second appeal is dismissed for non-prosecution; and on m erits as well, in view of the observatio n s recorded by a co-ordinate B e nch of this Court in the order dated 13.1 1 .2024, reproduced above.

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Pending application(s), if any , shall stands disposed of.

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06.02.2025 ( NIDHI GUPTA ) rishu JUDGE

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Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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RISHU KATARIA 2025.02.11 16:54 I attest to the accuracy and authenticity of this order/judgment.

M?S Prince Bus and Transport v. State of Punjab

Case brief

What is this about?

What did the court decide?

M?S Prince Bus and Transport v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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