Writ petition for release of impounded vehicle. Court ordered release upon deposit of Rs.10,000 fine and filing undertaking not to ply vehicle in Greater Mumbai limits.
Rule made absolute; vehicle to be released within 48 hours after deposit of Rs. 10,000 and filing undertaking.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION ( L)NO. 2541 OF 2010
Govind D. Patel. Vs
State of Maharashtra and ors.
..Petitioner ..Respondents
Mr. V.A. Rathi, Advocate for the Petitioner. Mr. P.G.Lad, A.G.P. for the Respondents.
CORAM : MOHIT S. SHAH, C.J. & S.J. KATHAWALLA, J. Monday, November 15, 2010.
PC :
Not on board. Upon mentioning taken on board.
Rule.
2 Rule made returnable forthwith. The learned A.G.P . waives service for respondent Nos.1 and 2.
3 Heard the learned counsel for the parties.
4 The learned counsel for the petitioner states that the petitioner will file undertaking that the petitioner’s vehicle being heavy goods vehicle bearing registration No.MH-17-K-6548 registered in the year 2002 shall not be plied within the limits of the Greater Mumbai Municipal Corporation and that the petitioner will deposit the amount of fine for having committed the breach of the ban.
5 Having heard the learned counsel for the parties, we direct that on the petitioner paying the respondents an amount of Rs.10,000/and furnishing an undertaking in the aforesaid terms, the respondents shall release the above numbered vehicle to the petitioner. The aforesaid
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WP-2541.sxw
vehicle shall be released within 48-hours of the amount being deposited and the undertaking being filed by the petitioner. Rule is made absolute in the above terms. Petition stands disposed of accordingly.
CHIEF JUSTICE
S.J. KATHAWALLA, J.
1 issue framed by the court
Whether the petitioner’s heavy goods vehicle should be released on deposit of fine and filing undertaking.
Govind D. Patel
State of Maharashtra
MOHIT S. SHAH
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
