Supreme Court - Daily Orders
Mumbai Municipal Corpn.Of Greater ... vs Tukaram Nagnath Vibhute on 11 April, 2014
F/ sc33733/2013
ITEM NO.8 COURT NO.11 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).33733/2013
(From the judgement and order dated 06/05/2013 in WPL No.866/2013 of
The HIGH COURT OF BOMBAY)
MUMBAI MUNICIPAL CORPN.OF GREATER MUMBAI Petitioner(s)
VERSUS
TUKARAM NAGNATH VIBHUTE & ANR Respondent(s)
(With appln(s) for transposing respondents as petitioners,exemption
from filing O.T.)
WITH
SLP(C) NO. 30987 of 2013
(With prayer for interim relief and office report)
SLP(C) NO. 33734 of 2013
(With appln. for exemption from filing O.T. and transposing
respondents as petitioners and office report)
Date: 11/04/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE ANIL R. DAVE
HON’BLE MR. JUSTICE SHIVA KIRTI SINGH
For Petitioner(s) Mr. U.U. Lalit,Sr.Adv.
Mr. R.P. Bhatt,Sr.Adv.
Mr. JJ. Xavier,Adv.
Mr. Ashish Wad,Adv.
Mr. Anshuman Srivastava,Adv.
For M/s. J.S. Wad & Co.,Advs.
For Respondent(s) Mr. Huzefa Ahmadi,Sr.Adv.
Mr. Ninad Laud,Adv.
Mr. Jayant Mohan,Adv.
Ms. Meenakshi Chatterjee,Adv.
1
sc33733/2013
UPON hearing counsel the Court made the following
O R D E R
SLP(C)NO.33733/2013 :
Heard the learned counsel.
Application for transposing Respondent No.2 as Petitioner No.2 is rejected.
It is an admitted fact that the goods in question have already been released and Respondent No.1 has already paid a sum of Rs.1,15,342/- (One lakh fifteen thousand three hundred forty two only) by way of Octroi duty to the petitioner-Corporation.
Respondent No.1 had not agreed for compounding the offence and, in the circumstances, he might have to be prosecuted.
In the normal circumstances, the petitioner could have detained the goods, but the goods have already been released. Looking at the peculiar facts of the case, the practical way-out, in our opinion, would be to direct Respondent No.1 to deposit Rs.2 lakhs with the petitioner-Corporation so that if he is found guilty, the amount of penalty can be recovered from the said amount and if ultimately the respondent is not held guilty, the amount shall be returned as might be directed by the concerned authority.
The afore-stated amount of Rs.2 lakhs shall be deposited within one month from today. 2 sc33733/2013 If a decision to prosecute Respondent No.1 is taken, the case shall be completed preferably within three months. If it is decided not to prosecute him, the amount shall be returned to the said respondent.
In view of the above, the Special Leave Petition is disposed of.
SLP(C)NO.33734/2013 :
Heard the learned counsel.
Application for transposing Respondent No.2 as Petitioner No.2 is rejected.
It is an admitted fact that the goods in question have already been released and Respondent No.1 has already paid the amount of Octroi duty to the petitioner-Corporation.
Respondent No.1 had not agreed for compounding the offence and, in the circumstances, he might be prosecuted.
In the normal circumstances, the petitioner could have detained the goods, but the goods have already been released. Looking at the peculiar facts of the case, the practical way-out, in our opinion, would be to direct Respondent No.1 to deposit Rs.30,000/- (Rupees thirty thousand only) with the petitioner-Corporation so that if he is found guilty, the amount of penalty can be recovered from the said amount and if ultimately the respondent is not held guilty, the amount shall be 3 sc33733/2013 returned to him as might be directed by the concerned authority.
The afore-stated amount of Rs.30,000/- (Rupees thirty thousand only) shall be deposited within one month from today.
If a decision to prosecute Respondent No.1 is taken, the case shall be completed preferably within three months. If it is decided not to prosecute him, the amount shall be returned to the said respondent.
In view of the above, the Special Leave Petition is disposed of.
SLP(C)NO.30987/2013 :
As no one has entered appearance for the respondents, hearing is adjourned.
List this matter on 6th May, 2014. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar 4