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2012 Supreme(Ker) 657

C.K.ABDUL REHIM, C.N.RAMACHANDRAN NAIR
Rakesh Credits Limited – Appellant
Versus
State Of Kerala Represented By Its Secretary To Government, Department Of Revenue – Respondent


Advocates appeared:
For the Petitioner:K.V. Gopinathan Nair, Advocate.
For the Respondents:K.P. Sudheer Advocate, Sudheesh Kumar, Government Pleader.

JUDGMENT :-

Ramachandran Nair, J.

1. Appeal is filed against the judgment of the learned Single Judge dismissing appellant's challenge against demand of Motor vehicle tax in respect of stage carriage financed by the appellant.

2. The stage carriage bearing registration No.KL10/N 2905 is a 1996 model Tata Bus purchased by the 6th respondent with finance provided by the appellant. Hypothecation in favour of the appellant is endorsed in the registration certificate of the vehicle. However, on account of default in re-payment of installment of loan committed by the registered owner, appellant re-possessed the vehicle on 10-07-2003. Since registered owner committed default in payment of motor vehicle tax from 01-07-2003 onwards arrears of tax were sought to be recovered against the appellant through Ext.P4 demand followed by recovery proceedings which were challenged before the Single Judge, but without success. It is against this judgment writ appeal is filed.

3. We have heard counsel for the appellant and also Government Pleader appearing for respondents. Registered owner of the vehicle from whom appellant took over possession of the vehicle has not entered appearance. The contention





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