High Court of KeralaWP(C)/17236/2015disposed of

Medical Centre Trichur Ltd. v. The Intelligence Inspector, Squad-Ii

2015-06-10Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 10TH DAY OF JUNE 2015/20TH JYAISHTA, 1937 WP(C).No. 17236 of 2015 (D) ---------------------------- PETITIONER(S):

-------------------------- M/S.MEDICAL CENTRE TRICHUR LTD., SHORANUR ROAD, THRISSUR.

BY ADVS.SRI.P.S.SOMAN, SMT.T.RADHAMANY.

RESPONDENT(S):

----------------------------

1. THE INTELLIGENCE INSPECTOR, SQUAD-II, COMMERCIAL TAXES, MALAPPURAM AT KOTTAKKAL.

2. THE INTELLIGENCE OFFICER, SQUAD -II, COMMERCIAL TAXES, MALAPPURAM AT KOTTAKKAL.

3. THE COMMISSIONER OF COMMERCIAL TAXES, GOVERNMENT OF KERALA, TAX TOWER, KARAMANA P.O., THIRUVANANTHAPURAM, PIN -695 002.

4. M/S.ALLENGERS MEDICAL SYSTEMS LTD., MOHALI, PUNJAB.

R1 TO R3 BY GOVT. PLEADER SMT.SOBHA ANNAMMA EAPEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 17236 of 2015 (D) APPENDIX PETITIONERS' EXHIBITS:

P1TRUE COPY OF INVOICE NO.00044 DATED 28.04.2003. P2TRUE COPY OF INVOICE NO.00084 DATED 22.05.2007. P3TRUE COPY OF THE DECLARATION LETTER DATED 20.04.2015. P4TRUE COPY OF THE NOTICE IN FORM 17A DATED 27.05.2015 ISSUED BY THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.17236 of 2015 ----------------------------------- Dated this the 10th day of June, 2015

J U D G M E N T

The petitioner claims to be the consignor of medical equipments sent for repair to Punjab. The consignment was detained as per Ext.P4 alleging that, the transaction is an interstate sale. As per Ext.P4 notice, the petitioner has been directed to furnish security deposit of 3,10,300/-.

₹

2. The learned counsel for the petitioner submits that, the machine has been returned for the reason that, the same is in irreparable condition.

3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for the respondents.

4. In view of the facts and circumstances of the case, this Court finds that, the goods shall be released to the petitioner on remitting an amount of 50,000/- (Rupees Fifty thousand only) and ₹ executing a simple bond without sureties for the remaining amount. This writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.