V.M.Pareeth, v. State of Kerala
Case brief
What is this about?
Petitioners challenging recovery notices issued against them as sureties for the 8th respondent's tax liability. Court held recovery action must be confined to the limit of Rs. 5 Lakhs as per the executed bond.
What did the court decide?
Directing that the recovery action initiated by the respondents against the petitioners shall be confined to an extent of Rupees Five Lakhs only.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941
WP(C).No.6977 OF 2019(V)
PETITIONER:
1 V.M.PAREETH, AGED 55 YEARS S/O.MUHAMMED, VELLANJI HOUSE, VKC PO, THEVAKKAL, ERNAKULAM-682021.
- 2 TE SHIFAS, S/O.EBRAHIM, THENOOR HOUSE, PALLIPRAM KARA, MUDIKAL PO, PERUMBAVOOR-683542.
BY ADV. SRI.P.THOMAS GEEVERGHESE
RESPONDENTS:
- 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY FOR TAXES, SECRETARIAT, THIRUVANANTHAPURAM-695001.
Issues for consideration
2 issues framed by the court
Whether recovery proceedings initiated against sureties can proceed beyond the limit of the bond executed by them.
Whether the liability of the petitioners as sureties can be limited to Rupees Five Lakhs.
Parties & counsel
- petitioner
V.M. Pareeth
- petitioner
T.E. Shifas
- respondent
State of Kerala
- respondent
T.U. Abdul Kareem
Coram
Case details
As recorded by the court registry
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