Ginza Industires Ltd. And 2 ORS. v. Transport Commissioner/R.T.O, Mumbai And 2 ORS.

suresh 902-WP-1432.2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1432 OF 2014 Ginza Industries Limited & Others .... Petitioners Vs.

Transport Commissioner/R.T.O., Mumbai & Others .... Respondents Mr. Firoz Bharucha with Mr. R. Ashok i/b M/s. Bekay Legal for the Petitioners.

Ms Geeta Shastri, Addl. GP, with Mr. G.W. Mattos, Asst.GP, for Respondent Nos.1 and 2.

CORAM: S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ.

DATE : AUGUST 20, 2016 P.C:

1.

Having heard the petitioners' Advocate and perusing the affidavit in reply filed on behalf of the State, we are of the opinion that the writ petition involves disputed questions of fact. Secondly, the petitioners have alternate and equally efficacious remedy of filing an appeal to the Transport Commissioner, Maharashtra State, as contemplated under Section 14 of the Maharashtra Motor Vehicles Tax Act, 1958.

suresh 902-WP-1432.2014.doc 2.

In such circumstances and keeping all the contentions open, so also clarifying that this Court has expressed no opinion thereon, the writ petition is disposed of. (B.P. COLABAWALLA, J.) (S.C. DHARMADHIKARI, J.)