High Court of KeralaWP(C)/20629/2015disposed of

M/S.Oofshore Infra Structure Ltd. v. The State Of Kerala

2015-07-084 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937 WP(C).No. 20629 of 2015 (C) ---------------------------- PETITIONER :

----------------------- M/S. OFFSHORE INFRASTRUCTURES LTD., SREEHARI, MPRA 12, EROOR WEST.P.O., THRIPUNITHURA, REPRESENTED BY IT'S ACCOUNTANT MR.SREEJITH MENON. BY ADV. SMT.K.LATHA RESPONDENT(S):

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

1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM-695 001

2. THE ENQUIRY OFFICER, OFFICE OF THE DEPUTY COMMISSIONER (INTELLIGENCE), ERNAKULAM-682 032

3. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM-682 018

4. THE BANK MANAGER, INDUSTRIAL DEVELOPMENT BANK OF INDIA (IDBI BANK), ERNAKULAM, COCHIN-682 036 R1 TO R3 BY SR GOVERNMENT PLEADER SMT. SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.20629/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE BANK GUARANTEE FOR RS.11,96,250/- ISSUED BY THE FOURTH RESPONDENT BANK DATED 25/3/2014.

P2 COPY OF THE PENALTY ORDER NO.E.O/O.R 92/2015-15(2013-14) DATED 23/5/2015 ISSUED BY THE SECOND RESPONDENT (ENQUIRY OFFICER, OFFICE OF THE DEPUTY COMMISSIONER (INTELLIGENCE) ERNAKULAM) P3 COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER ALONG WITH ONLINE REGISTRATION DETAILS.

RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO JUDGE sts

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C). No. 20629 of 2015 ------------------------------------------- Dated this the 8th day of July, 2015

J U D G M E N T

Petitioner is a registered dealer. Petitioner apprehending invocation of Bank Guarantee on conclusion of penalty proceedings, has approached this Court. According to the petitioner, penalty proceedings have been completed and order has not been served on them.

The petitioner submits that, there is correction of their address and it had already been done through online process.

Considering the facts and circumstances, the following directions are issued:

(i) The petitioner shall appear before the 2nd respondent on 15.07.2015 at 11.00 a.m.

(ii) The 2nd respondent shall serve a copy of the order on the petitioner.

(iii) To work out alternate remedy, the invocation of the Bank Guarantee, if the same is not already invoked, shall be deferred for a period of two months.

W.P.(C). No. 20629 of 2015 (iv) If Bank Guarantee expires during currency of the above period, the petitioner shall also renew the same and report before the 2nd respondent.

The writ petition is disposed of.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.