1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.624 OF 2002 Mohan Motiram Jayakar .....Petitioner V/s. The State of Maharashtra and Ors. ..... Respondents Mr.Ashwin Shetty i/by M/s.Desai & Chinoy, for the petitioner. Mr.D.A.Nalawade, Govt. Pleader, for the State. CORAM :P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : JULY 17, 2009 P.C. 1. The grievance of the petitioner is in connection with the execution of the recovery certificate, wherein the name of the petitioner appears. It is the grievance of the petitioner that the recovery certificate is wronlgy issued against him, as he has not entered into the transaction in the State of Kerala and therefore, recovery certificate issued by the Collector, Kolam, Kerala, could not have been executed against the petitioner. 2. The learned Government Pleader after making the inquiry has submitted certain documents before the Court, indicating that the petitioner was the director of the Company known as Pan Capri Hitek 2 Limited and the transaction was carried out by the company and in connection with the transaction carried out by the said company, recovery certificate was issued. 3. The learned counsel for the petitioner submitted that a director of the compnay cannot be made personally liable under the provisions of Kerala Sales Tax Act. However, this issue is not the subject matter in this petition. In this view of the matter, the learned counsel for the petitioner wants to withdraw this petition challenging recovery certificate issued against the petitioner in accordance with law. Permission to withdraw the petition is granted. It will be open to the petitioner to challenge the said recovery certificate on all available points as per law. Subject to what is stated above, the petition is disposed of as withdrawn. 4. In order to enable the petitioner to take appropriate recourse as per law, interim relief granted earlier to continue for a further period of four weeks. 5. We appreciate the valuable assistance rendered by the learned Government Pleader in getting the necessary information in the matter quickly. ( R.M.SAVANT, J. ) (P.B.MAJMUDAR, J.)