High Court Kerala High Court

M/S.Fashion Marbles And Granites … vs The State Of Kerala on 20 June, 2008

Kerala High Court
M/S.Fashion Marbles And Granites … vs The State Of Kerala on 20 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18680 of 2008(W)



1. M/S.FASHION MARBLES AND GRANITES CO.LTD
                      ...  Petitioner

                        Vs

1. THE STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.DEVAN RAMACHANDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :20/06/2008

 O R D E R
                        K. M. JOSEPH, J.
                 --------------------------------------
                 W.P.C. NO. 18680 OF 2008 W
                 --------------------------------------
                 Dated this the 20th June, 2008

                           JUDGMENT

Petitioner challenges Ext.P3. Ext.P3 is a notice issued

under Section 47(2) of the Kerala Value Added Tax Act, 2003.

I am not inclined to grant unconditional order. However, I feel

that the goods can be ordered to be released by furnishing Bank

Guarantee to the satisfaction of the third respondent. Learned

Government Pleader also does not seriously oppose to this

course. Accordingly, there will be a direction to the third

respondent to release the goods covered by Ext.P3 upon the

petitioner furnishing Bank Guarantee to the satisfaction of the

third respondent, for the amount demanded in Ext.P3. The

adjudicating process will be completed in accordance with law.

I make it clear that I have not pronounced on the merits of the

matter and I leave open all the contentions of the petitioner.

Sd/=
K. M. JOSEPH, JUDGE

kbk.

// True Copy//

PS to Judge