Hon'ble Virendra Singh,J.
Supplementary affidavit filed today be kept on the record.
Learned Standing Counsel prays for and is allowed four weeks' further time to file counter affidavit.
Sri B.K. Srivastava, assisted by Sri Anubhav Chandra, appearing for the petitioner contends that petitioner is a financer who has been granted trade certificate, which is not being renewed on the ground that tax is due on two vehicles, which were financed by the petitioner. He submits that petitioner cannot be said to be operator nor the petitioner has any liability to pay road tax etc. He has placed reliance on a judgment of the Apex Court in the case of State of Maharashtra and others vs. Sundaram Finance and others reported in (1999)9 S.C.C. 1. The petitioner has made out a prima facie case of grant of interim relief.
Let a counter affidavit be filed as indicated above.
List thereafter for admission.
In the meantime operation of the order dated 3rd December, 2009 refusing renewal shall remain stayed. The petitioner may take steps for fresh registration of the vehicles, which have been financed by the petitioner and has been repossessed. It is further provided that petitioner's application for renewal of trade certificate shall be considered ignoring the order dated 3rd December, 2009.
Order Date :- 19.1.2010 Rakesh