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1993 DIGILAW 509 (MP)

J. K. Tyre Industries v. Municipal Corporation, Gwalior

1993-09-23

SHACHEENDRA DWIVEDI, V.D.GYANI

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JUDGMENT By this petition, the petitioner seeks to challenge the imposition of passengers tax by the Corporation. In fact, the notices were issued to the respondents of the petition calling upon them to show cause. The petitioner never tried to show the service condition of its employees, being carried by the petitioner from Gwalior City to the factory premises. This fact has also been averred by the respondents in their reply, duly supported by an affidavit. At this stage, it would not be out of place to note that a Civil Suit had also been filed by the petitioner which was withdrawn allegedly on the ground that it was likely to cause delay but the proceedings of the Civil suit as filed, do not indicate any such delay in the matter. Be that as it may it is still open to the petitioner to approach the Commissioner, Municipal Corporation, satisfying him on the service condition of its employees who are being carried by the buses in question to their place of service. The petition is, however, dismissed as not pressed but the petitioner shall bear the costs of this petition. Counsel's fee Rs. 500/-.In case, the Commissioner passes an adverse order, it is open to the petitioner to take recourse to law.