IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 19516 of 2008(W) PETITIONER: -------------------- M/S.KUBER (INDIA) SALES PVT. LTD., ANAKALLU P.O., KANJIRAPPALLY, KOTTAYAM DISTRICT, PIN - 686 508., REPRESENTED BY ITS AUTHORISED SIGNATORY, AND MANAGER, SAYED MUHAMMED KASSIA. BY ADV. SRI.V.P.SUKUMAR SRI.KURYAN THOMAS RESPONDENTS: ------------------------- THE COMMERCIAL TAX INSPECTOR, COMMERCIAL TAX CHECK POST, WALAYAR. BY SPECIAL GOVERNMENT PLEADER SRI.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.19516 of 2008 W ------------------------- Dated this the 27th day of June, 2008. JUDGMENT The goods consigned by the petitioner, who is a registered dealer in rubber, from Guwahati has been detained at the check post at Walayar. The consignee is also a registered dealer. The detention is on the ground that the document which accompanied the goods is only a photo copy. The petitioner/consignor challenges Ext.P2. Apparently, the consignee has refused to deposit the security demanded in Ext.P2 notice. 2. The question as to whether the detention is proper or not is a matter to be adjudicated. There is no reason why the goods should be detained along the way. I take note of the fact that the consignee and the consignor are registered dealers. In the result, the writ petition is disposed of directing the respondent to release to the petitioner, the goods detained under Ext.P2, on the petitioner furnishing bank guarantee for an amount of Rs.1,40,110/- as W.P.(C).NO.19516/08 :: 2 :: demanded under Ext.P2. The Bank Guarantee shall be kept alive till such time as the dispute is adjudicated. It is made clear that the Bank Guarantee shall not be permitted to be discharged, except with the permission of the respondent. The petitioner shall see that the local branch of the Nationalised Bank issues the bank guarantee in favour of the respondent. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the respondent for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge