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2005 Supreme(Raj) 893

PRAKASH TATIA
State of Rajasthan – Appellant
Versus
Chandra Shubh Yatra Company Ltd. – Respondent


Advocates Appeared:
Mr. Vineet Kothari & Mr. B.L. Tiwari, Deputy Government Advocate, for the Petitioners. Mr. Dinesh Mehta, for the Respondents.

Judgment

Prakash Tatia, J.-Heard learned Counsel for the parties.

2. The few facts relevant for the purpose of deciding this writ petition, are that plaintiff -respondent, who is running several buses, filed the suit for rendition of accounts and for injunction before the Civil Court, namely, Civil Judge (Senior Division), Sri Ganganagar. There are several allegations in the suit against the taxing authorities and according to plaintiff-non-petitioner the defendant-petitioner are not giving the true and correct account of the road tax and special road tax to the plaintiff-non-petitioner. The plaintiff in the suit prayed that petitioner be directed to give statement of accounts about the road tax and special tax and, thereafter, adjust the accounts by giving credit and debit of the amount which has been paid by the plaintiff-non-petitioner. The plaintiff prayed that till the account is settled, the defendant be restrained from obstructing operation of the buses of the plaintiff .

3. The plaintiff also filed an application for grant of temporary injunction under Order 39 Rules 1 and 2 CPC, which appears to have been registered as Civil Misc. Case No. 6/2004 and in that petition an in




























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