The Madras High Court vide an order returnable on September 06, 2021 issued a Non-Bailable warrant against Grandhe Construction Private Limited (Petitioner No. 1) and Sri Murugan Earth Movers (Petitioner No. 2) in lieu of their Writ Petitions Nos. 26205 to 26207 of 2008.
The Non-bailable warrant thus passed was on account of the failure to pay Entry Tax on Import of Earthmovers by the Petitioner No. 1 & 2.
The Petitioners made a submission that they are not in a position to pay the required Entry Tax. The counsel appearing on their behalf stated that he has informed the fact regarding the hearing of the writ petitions before this Court to the Petitioners and they are not responding.
On perusal of all the facts and evidences, the Honorable Madras High Court therefore was inclined to issue Non-Bailable Warrant to the Petitioners, returnable on September 06, 2021.
FULL TEXT OF THE JUDGMENT/ORDER OF MADRAS HIGH COURT
These Writ Petitions were filed in the year 2008 and listed for final hearing. When the matters were listed on 17.08.2021, at the request of both the parties, adjourned to 23.08.2021. The learned counsel for the petitioners made a submission that he has to secure instructions from the petitioners regarding the payment of Entry Tax, as the issues are already settled by the Hon’ble Supreme Court of India. Again the matters were listed on 23.08.2021 and in order to give an opportunity, matters were listed on 26.08.2021. Further time was sought for, it was also granted and the matter is taken up today, i.e. on 31.08.2021.
2. The learned counsel appearing on behalf of the petitioners made a submission that he has informed the fact regarding the hearing of the writ petitions before this Court to the petitioners and they are not responding and further they have gone to the extent of stating that they are not in a position to pay the Entry Tax.
3. In view of the stand taken by the petitioners and considering the submissions made by the learned counsel for the petitioners, this Court is inclined to issue Non-Bailable Warrant to the petitioners, returnable on 06.09.2021.
4. The Registry, High Court is directed to communicate the order of Non-Bailable Warrant to the Commissioner of Police, Chennai, for its execution through the Jurisdictional Police.
5. Post the matter on 06.09.2021.
(Author can be reached at [email protected])