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2025 DAILYLAW 4791 (RAJ)

RAINBOW BREWERIES LTD v. STATE OF RAJ AND ORS

CW/9698/2005 · 2025-02-12

Avneesh Jhingan, Pramil Kumar Mathur

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Judgment text

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[2025:RJ-JP:6247-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No.9698/2005 Rainbow Breweries Ltd., Office At C-29, Tulsiyan Bhawan, Bhagwan Das Road, C-Scheme Jaipur Through its authorized signatory Shri Prashant Kulshreshtha S/o Late M.C. Kulshreshtha, R/o C-29, Bhagwan Das Road, C-Scheme, Jaipur. ----Petitioner Versus 1. State of Rajasthan through Principal Secretary, Finance Department, Secretariat, Jaipur. 2. Excise Commissioner, Excise Department, Government of Rajasthan, Udaipur. 3. Additional Excise Commissioner, Udaipur. 4. District Excise Officer, Sawai Madhopur District Sawai Madhopur Rajasthan. ----Respondents For Petitioner(s) : Mr.Amit Kuri, Adv. with Ms.Nandini Mirdha, Adv. & Mr.Dharma Ram, Adv. For Respondent(s) : Mr.Bharat Vyas, AAG (Sr. Adv.) with Ms.Aditi Vats, Adv. HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 12/02/2025 1. This petition is filed seeking quashing of order dated 21.10.2005 passed by the Excise Commissioner, Jaipur dismissing the appeal on failure of the petitioner to make pre-deposit for entertainment of the appeal. 2. Learned counsel for the petitioner, after arguing at some length on instructions, submits that the petitioner be granted reasonable time to make pre-deposit for hearing of the appeal. [2025:RJ-JP:6247-DB] (2 of 2) [CW-9698/2005] 3. Learned counsel for the respondents does not raise any serious objection to the limited prayer made. 4. This writ petition is disposed of with direction that in case the petitioner makes compliance of pre-deposit under Section 9-A of the Rajasthan Excise Act, 1950 within three months from today, the appellate authority shall hear the appeal on merits. (PRAMIL KUMAR MATHUR), J (AVNEESH JHINGAN), J Himanshu Soni/3