Disposed

M/S. Ekta Enterprises v. the Secretory and Transport Commissioner

Rajasthan HC26 Feb 2024CW/2637/2024

Case brief

AI extract

What is this about?

This Writ Petition, filed by M/s. Ekta Enterprises, was disposed of by the High Court of Rajasthan in Jodhpur following the decision in WP No. 10471/2023. The court ordered that upon submission of a bank guarantee for tax, interest, and penalty, the petitioner would be granted surety to release the vehicles as an interim measure.

What did the court decide?

Bank guarantee to be submitted for tax, interest and penalty within 7 days; upon submission, surety granted to release vehicles.

M/S. Ekta Enterprises Vs the Secretory and… — Public Procurement and Tenders | Rajasthan HC (2024)

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[2024:RJ-JD:9731-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 2637/2024

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M/s. Ekta Enterprises, A Partnership Firm Having Its Office At Plot No.5, Mali Road No. 5, Umrar Vihar, Kanakpura, Jaipur, Rajasthan-302043 Through Its Partner Mr. Praveen Jain S/o Shri Gajendra Kumar Jain, Aged About 43 Years, R/o 49, Mahadev Nagar, Gandhi Path, Vaishali Nagar, Jaipur, Rajasthan.

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----Petitioner

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Versus

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1. The Secretory And Transport Commissioner, Government Of Rajasthan, Parivahan Bhawan, Jaipur, Rajasthan

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1. The District Trasnport Officer, District Dungarpur, Rajasthan.

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1. The Transport Inspector, District Dungarpur, Rajasthan. ----Respondents

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For Petitioner(s) : Mr. Dinesh Vishnoi For Respondent(s) : Mr. Praveen Khandelwal, AAG

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----Respondents

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE MUNNURI LAXMAN

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Order

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26/02/2024

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Learned counsel for the parties jointly submit that the controversy raised in the instant matter stands resolved in view of the adjudication made by a Division Bench of this Hon’ble Court in M/s Ekta Enterprises v. The Secretary & Transport Commissioner & Ors. : D.B. Civil Writ Petition

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No.10471/2023 on 19.07.2023; holding thus:

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“1. Having considered the submissions made by the counsel for the parties and keeping in view the consensus which has been reached between the counsel for the parties, in the light of the judgment passed by the Hon’ble Delhi High Court in MAC.APP.614/2018-Rishi Ranjan Mishra Vs. Shubh Chander Yadav & Ors. (New India Assurance Co.Ltd.)

(2 of 2)

[2024:RJ-JD:9731-DB]

[CW-2637/2024]

decided on 05.09.2019, wherein the vehicle in question as in the present case has been declared to be a motor vehicle under Section 2(28) of the Motor Vehicles Act, 1998. Upon the same judgment having been challenged before the Hon’ble Supreme Court in Special Leave to Appeal (C) No.1174/2020-Container Corporation of India Limited Vs. Rishi Ranjan Mishra & Ors., the Hon’ble Supreme Court has stayed the operation of the impugned judgment and order dated 05.09.2019 vide order dated 23.01.2020.

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It is ordered that in case the petitioner submits the bank guarantee relatable to the amount of tax and interest as may be quantified by the competent authority within a period of two days qua the penalty, the surety may be granted by the petitioner. On doing so, the vehicles i.e. Reach Stacker machine shall be released forthwith as an interim measure.

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With this observation, the present writ petition stands disposed of. In the light of whatever stated by us above, all the pleadings as have been taken in the present writ petition would be open to the petitioner to agitate before the competent authority. It may also be added here that the stand which may be taken by the respondent-State is also not being determined on merits.”

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Accordingly, this writ petition is also disposed of in the light

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of the decision rendered vide order dated 19.07.2023 passed in the case of M/s. Ekta Enterprises (supra) on the same terms. However, it is ordered that in case the petitioner submits the bank guarantee relatable to the amount of tax and interest as may be quantified by the competent authority within a period of seven days qua the penalty, the surety may be granted by the petitioner. On doing so, the vehicles shall be released forthwith as an interim measure.

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All pending applications also stand disposed of.

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(MUNNURI LAXMAN), J. (DR. PUSHPENDRA SINGH BHATI), J.

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3-Sudheer

M/S. Ekta Enterprises v. the Secretory and Transport Commissioner

Case brief

What is this about?

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M/S. Ekta Enterprises v. the Secretory and Transport Commissioner

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