Kerala High Court
Stanly A. Antony vs The State Of Kerala on 3 September, 2024
Author: P Gopinath
Bench: P Gopinath
2024:KER:66824
WP(C) No. 32602/2022 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WP(C) NO. 32602 OF 2022
PETITIONER/S:
STANLY A. ANTONY,
AGED 59 YEARS
S/O. LATE ANTONY, RESIDING IN THE ADDRESS AYNIKKAL
HOUSE, KUNDOOR P.O., THRISSUR DISTRICT, PIN - 680734
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE DEPUTY COLLECTOR,
OFFICE OF THE DEPUTY COLLECTOR, REVENUE RECOVERY,
COLLECTORATE, AYYANTHOLE P.O., THRISSUR DISTRICT, PIN -
680003
3 THE VILLAGE OFFICER,
OFFICE OF THE VILLAGE OFFICER, THIRUMUKULAM VILLAGE
OFFICE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN -
680733
4 THE JOINT REGIONAL TRANSPORT OFFICER,
MATTANCHERY REGIONAL TRANSPORT OFFICE, MATTANCHERY
P.O., ERNAKULAM DISTRICT, PIN - 682002
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WP(C) No. 32602/2022 -2-
5 THE DEPUTY TAHASILDAR,
OFFICE OF THE DEPUTY TAHASILDAR, REVENUE RECOVERY,
CHALAKUDY TALUK OFFICE, THRISSUR DISTRICT, PIN - 680307
6 THE MANAGER,
UNION BANK OF INDIA, PALARIVATTOM BRANCH, PALARIVATTOM
P.O., ERNAKULAM DISTRICT, PIN - 682017
7 NIPPI GEORGE,
AGED 50 YEARS
W/O. GEORGE JOSE, RESIDING IN THE ADDRESS
VATTAKKATTUCHERRY HOUSE, 3/249, B-1, CHEMBUMUKKU,
KAKKANADU, ERNAKULAM DISTRICT, PIN - 682030
BY ADVS.
SRI.A.V.THOMAS,SC,UNION BANK OF INDIA
P.LAKSHMI
BABU KARUKAPADATH
M.A.VAHEEDA BABU
P.U.VINOD KUMAR
ARYA RAGHUNATH
VAISAKHI V.
T.M.MUHAMMED MUSTHAQ
KARUKAPADATH WAZIM BABU
AYSHA E.M.
OTHER PRESENT:
SMT. THUSHARA JAMES (SR GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) No. 32602/2022 -3-
JUDGMENT
The petitioner has approached this court being aggrieved by the fact
that the revenue recovery proceedings have been initiated for recovery of
motor vehicle tax. It is the case of the petitioner that the vehicle in respect of
which motor vehicle tax is claimed is a property of a firm known as M/s. S.A.A
Transports of which the petitioner and the 7th respondent are partners. It is
not disputed before me that there is a partnership dispute between the
petitioner and the 7th respondent and arbitration proceedings have been
initiated and are pending. It is the case of the petitioner that there is nearly
Rs.50 lakh in the bank account of the firm.
2. Having heard the learned counsel for the petitioner, the learned
Senior Government Pleader appearing for respondents 1 to 5 and the learned
counsel appearing for the 7th respondent, I am of the view that on admitted
facts it is for the petitioner to seek appropriate interim reliefs from the
Arbitrator in terms of the provisions contained in the Arbitration and
Conciliation Act. In other words, if the petitioner has a case that any amounts
for which revenue recovery proceedings have been initiated have to be
remitted from the bank account of the firm, it is for the petitioner to seek
2024:KER:66824
appropriate interim orders from the Arbitrator in terms of the provisions
contained in the Arbitration and Conciliation Act. To enable the petitioner to
do so, the revenue recovery proceedings have now initiated against the
petitioner shall stand deferred by a period of one month within which time, it
will be open to the petitioner to seek interim relief from the Arbitrator. I make
it clear that the Arbitrator shall only consider the question as to whether the
amounts for which revenue recovery proceedings have now been initiated
against the petitioner are liable to be remitted using the funds available in the
bank account of the firm and the Arbitrator shall not consider validity or
legality of the demand for motor vehicle tax raised by the Motor Vehicles
Department.
Writ petition is ordered accordingly.
Sd/-
GOPINATH P.
JUDGE
AMG
2024:KER:66824
APPENDIX OF WP(C) 32602/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CLAIM STATEMENT FILED BY
THE 7TH RESPONDENT IN ARBITRATION PROCEEDINGS
NO ---2022 BEFORE THE LEARNED ARBITRATOR
DATED 22.01.2022.
Exhibit P2 A TRUE COPY OF THE INTERIM ORDER PASSED IN I
A NO 3 OF 2020 IN C M A ARBITRATION NO 22 OF
2020 BEFORE THE DISTRICT COURT, ERNAKULAM
DATED 7.7.2020.
Exhibit P3 A TRUE COPY OF THE NOTICE ISSUED IN FORM NO
25 DATED 26.8.22 BY THE SECOND RESPONDENT .
Exhibit P4 A TRUE COPY OF THE FORM NO 1 ISSUED BY THE
DEPUTY TAHSILDAR, REVENUE RECOVERY, CHALAKUDY
TALUK OFFICE DATED 29.9.22.
Exhibit P5 A TRUE COPY OF FORM NO 10 ISSUED BY THE
DEPUTY TAHSILDAR, REVENUE RECOVERY, CHALAKUDY
TALUK OFFICE DATED 29.9.22.
RESPONDENT EXHIBITS
EXHIBIT R7(a) A true copy of the C.M.A (Arb) No. 22/2020
filed by the 7th respondent before the Sub
Court, Ernakulam.
EXHIBIT R7(b) A true copy of the objection filed by the
petitioner herein in C.M.A (Arb) No. 22/2020
before the Sub Court, Ernakulam
