IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No 755 of 1999 For Approval and Signature: Hon'ble MR.JUSTICE R.P.DHOLAKIA ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO 1 to 5 NO. -------------------------------------------------------------- KISHOR MAGANLAL MARVADI Versus REGIONAL TRANSPORT OFFICER -------------------------------------------------------------- Appearance: MR MM TIRMIZI for Petitioner MR H.L.Jani, APP for respondent No.3-State. -------------------------------------------------------------- CORAM : MR.JUSTICE R.P.DHOLAKIA Date of decision: 23/09/1999 ORAL JUDGEMENT Rule. Mr H.L.Jani,learned A.P.P. waives service of rule. Heard Mr. M.M.Tirmizi for M/S Thakkar Associates on behalf of petitioner and learned A.P.P. Mr. H.L.Jani for respondents. 2. Having regard to the facts and circumstances of the case and as the petitioner has admitted the outstanding amount payable to Respondent No.1, it is directed that the vehicle- Luxury Bus bearing Registration No.GJ - 1 - V- 1034 seized and detained by respondent No.1 be released and handed over the same to the petitioner on following terms and conditions ; (i) The petitioner shall deposit Rs.15,000/- (Rupees fifteen thousand only ) with Respondent No.1 on or before 15th October 1999 towards first instalment of outstanding liability of tax. (ii) The petitioner shall also continue to discharge the current liability of tax for the user of the said vehicle and shall clear the entire arrears of outstanding liability of tax within the period of two years. (iii) The petitioner shall file an undertaking with respondent No.1 that petitioner shall not transfer or part with possession of the said vehicle till the entire liability of outstanding tax is duly discharged under this order. (iv) The petitioner shall make the vehicle available for inspection of respondent No.1 as and when required. (v) The petitioner shall ply the said vehicle subject to obtaining the fitness certificate and complying of all other formalities as required under the provisions of law. 3. In the event of any breach and/or default in making the payment of any installments, the respondent No.1 shall be entitled to seize and detain the said vehicle again apart from taking legal action against the petitioner. 4. On the basis of the above stated discussion, petition is allowed. Rule is made absolute accordingly. No order as to costs. * * * * *mithabhai