On the date of admission, this writ petition was dismissed as not pressed forward by the petitioners without engaging with its legal merits.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 17TH DAY OF FEBRUARY 2022 / 28TH MAGHA, 1943
WP(C) NO. 3403 OF 2022
PETITIONERS:
1 M/S. BERGER PAINTS INDIA LTD. HAVING ITS HEAD OFFICE AT BERGER HOUSE, 129 PARK STREET, KOLKATA - 700 017., REPRESENTED BY ITS ASSISTANT MANAGER COMMERCIAL, BENNY SEBASTIAN, SON OF AUGUSTINE SEBASTIAN, AGED 45 YEARS, MS. BERGER PAINTS INDIA LTD. REGIONAL OFFICE AT DOOR NO.111-835-C, VALIYARA CHAMBERS, K.K.ROAD, CHEMBUMUKKU, THRIKKAKARA P.O., KOCHI., PIN - 682021
2 SURAT GOODS TRANSPORT PRIVATE LTD. HAVING ITS CORPORATE OFFICE AT 47, P.D’MELLO ROAD, MUMBAI - 400 009, REPRESENTED BY ITS MANAGER (ADMINISTRATION), JOHN T.V., SON OF T.VINCENT, AGED 64 YEARS, M/S. SURAT GOODS TRANSPORT PRIVATE LTD., REGIONAL OFFICE AT NO.5, ANCHORAGE, PALLIYIL LANE, OPPOSITE PDR BHAVAN, FORE SHORE ROAD, ERNAKULAM., PIN - 682016
3 SURAT GOODS TRANSPORT PRIVATE LTD. HAVING ITS CORPORATE OFFICE AT 47, P.D’MELLO ROAD, MUMBAI - 400 009, REPRESENTED BY ITS MANAGER (ADMINISTRATION), JOHN T.V., SON OF T.VINCENT, AGED 64 YEARS, M/S. SURAT GOODS TRANSPORT PRIVATE LTD., REGIONAL OFFICE AT NO.5, ANCHORAGE, PALLIYIL LANE, OPPOSITE PDR BHAVAN, FORE SHORE ROAD, ERNAKULAM, PIN - 682016 BY ADVS. T.MADHU C.R.SARADAMANI SHAHID AZEEZ RENJISH S. MENON
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM ERNAKULAM, PIN - 695001
2
WP(C) NO. 3403 OF 2022
BY SR.GOVT.PLEADER:SRI.BIMAL.K.NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
WP(C) NO. 3403 OF 2022
JUDGMENT
Recording the submission of the learned counsel for
the petitioners, the writ Petition is dismissed as not pressed.
Sd/-
SATHISH NINAN
JUDGE
rsr
4
WP(C) NO. 3403 OF 2022
APPENDIX OF WP(C) 3403/2022
PETITIONER EXHIBITS
| Exhibit P1 | THE TRUE COPY OF THE LOADING SLIP DATED 19/11/2021 ISSUED BY M/S.PALAAM FREIGHT CARRIERS TO THE SECOND PETITIONER |
|---|---|
| Exhibit P2 | THE TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND PETITIONER TO THE FIRST PETITIONER ON ACCEPTING THE CONSIGNMENT FOR TRANSPORTATION DATED 19/11/2021 |
| Exhibit P3 | THE TRUE COPY OF THE TAX INVOICE DATED 19/11/2021 ISSUED BY THE FIRST PETITIONER |
| Exhibit P4 | THE TRUE COPY OF THE REPRESENTATION DATED 22/11/2021 SUBMITTED BY THE SECOND PETITIONER BEFORE THE SECOND RESPONDENT |
| Exhibit P5 | THE TRUE COPY OF THE JUDGMENT DATED 29/11/2021 IN W.P.(C)NO.26928/2021 ON THE FILES OF THIS HONOURABLE COURT |
| Exhibit P6 | THE TRUE COPY OF THE STATEMENTS OF THE AUTHORIZED REPRESENTATIVE OF M/S.SURAT GOODS TRANSPORT PRIVATE LTD |
| Exhibit P7 | THE TRUE COPY OF THE ORDER DATED 24/12/2021 PASSED B THE THIRD RESPONDENT RELEASING THE GOODS TO THE PETITIONERS |
M/S. BERGER PAINTS INDIA LTD.
SURAT GOODS TRANSPORT PRIVATE LTD.
STATE OF KERALA
THE EXCISE COMMISSIONER
THE DEPUTY COMMISSIONER OF EXCISE
THE EXCISE INSPECTOR
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
