Disposed

Trustpilot Trans and Trades Pvt. Ltd. v. State of Kerala

Kerala HC17 Jan 2019WP(C)/1474/2019

Case brief

AI extract

What is this about?

The High Court ordered the petitioner to discharge its entire liability in 12 equal monthly instalments without adjudicating the merits, explicitly noting the Government Pleader's submission that no time could be granted beyond the period mentioned in the relevant Government Order.

What did the court decide?

Petitioner permitted to discharge entire liability in 12 equal monthly instalments commencing from 28.01.2019; coercive proceedings deferred.

Trustpilot Trans and Trades Pvt. Ltd. Vs State of Kerala — Banking and Recovery | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

¶4

THURSDAY ,THE 17TH DAY OF JANUARY 2019 / 27TH POUSHA, 1940

¶5

WP(C).No. 1474 of 2019

¶6

PETITIONER/S:

¶7

TRUSTPILOT TRANS AND TRADES PVT LTD 33/283 E, PULIYANATH HOUSE, AMBEDKAR ROAD, VENNALA, ERNAKULAM-682 028, REPRESENTED BY ITS MANAGING DIRECTOR, RASHID AGED 32, S/O N.K. SHARAFUDHEEN.

¶8

BY ADVS. SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN

¶9

RESPONDENT/S:

¶10

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO TRANSPORT (B) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM.

¶11

2 THE TRANSPORT COMMISSIONER, MOTOR VEHICLES DEPARTMENT, TRANS TOWERS, THIRUVANANTHAPURAM.

¶12

3 THE REGIONAL TRANSPORT OFFICER AND REGISTERING AUTHORITY ERNAKULAM, CIVIL STATION, KAKKANADU, ERNAKULAM. PIN 682030.

¶13

OTHER PRESENT:

¶14

GP DR. THUSHARA JAMES.

¶15

W.P.(C). No. 1474 of 2019

¶16

-2-

¶17

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

JUDGMENT

¶19

The petitioner confines its relief for instalments facility to discharge the liability in the light of Ext.P10 Government Order.

¶20

The learned Government Pleader submits that the

¶21

petitioner can be given time only upto the period mentioned in Ext.P10.

¶22

In these circumstances, without adverting to the merits, I dispose of the writ petition, by permitting the petitioner to discharge the entire liability in 12 equal and successive monthly instalments commencing from 28.01.2019. Any default on the petitioner's part will entail the respondents to proceed further without reference to this judgment. Coercive proceedings shall be deferred in tune with the above direction.

¶23

Sd/-

¶24

DAMA SESHADRI NAIDU

¶25

JUDGE

¶26

W.P.(C). No. 1474 of 2019

-3-

das

APPENDIX

PETITIONER'S/S EXHIBITS:

¶31

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF INCORPORATION DATED 21/4/2017 HAVING CIN NO U74999KL2017PTC048943.

¶32

EXHIBIT P2 TRUE COPY OF THE LICENSE DATED 15/9/2017 ISSUED BY THE STATE TRANSPORT AUTHORITY UNDER THE 1ST RESPONDENT ISSUED FOR 50 VEHICLES OWNED BY THE PETITIONER.

¶33

EXHIBIT P3 TRUE COPY OF THE COPY OF CERTIFICATE OF REGISTRATION DATED 08/08/2017 FOR VEHICLE HONDA CITY BEARING REGISTRATION NO. KL-07-CL-1119.

¶34

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 9/3/2018 FOR VEHICLE DATSON REDI GO BEARING REGISTRATION NO. KL-07-CM-9120.

¶35

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 9/3/2018 FOR VEHICLE DATSON REDI GO BEARING REGISTRATION NO. KL-07-CM-9104.

¶36

EXHIBIT P6 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 9/3/18 FOR VEHICLE NISSAN SUNNY BEARING REGISTRATION NO. KL-07-CM-9125.

¶37

EXHIBIT P7 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 13/3/2018 FOR VEHICLE NISSAN SUNNY BEARING REGISTRATION NO. KL-07-CM-9258.

¶38

-4-

¶39

W.P.(C). No. 1474 of 2019

¶40

EXHIBIT P8 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 31/8/2017 FOR VEHICLE MARUTHY WAGON R BEARING REGISTRATION NO. KL-07-CL-2197. EXHIBIT P9 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 31/8/2017 FOR VEHICLE MARUTHI WAGON R BEARING REGISTRATION NO. KL-07-CL-2185. EXHIBIT P10 TRUE COPY OF THE NOTIFICATION G.O(P) NO 35/2018/TRANS. EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 3/12/2018 IN W.P(C)39170/18.

Trustpilot Trans and Trades Pvt. Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Trustpilot Trans and Trades Pvt. Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Leo Logistics Vs Union of India

Jobrun G Varghese Vs the Commissioner of State Goods and Service Tax Department

Husky Injection Molding Systems (India) Private Limited Vs the Commissioner of State Tax

Kerala Agro Industries Corporation Private Ltd., Vs Assistant Commissioner (Assessment)

Mohammed Rafeeq.P.B., Vs the Deputy Tahsildar (Rr)

Valsa Vs the Motor Vehicles Taxation Officer