Challenge is against the seizure of the Car (Innova LMV) bearing Registration No.KL-09-V-6979 belonging to the petitioner, in the course of realisation of the amount stated as due by 'Kerala Sponge Iron Pvt. Ltd., Kanjikode, of which the petitioner happens to a Director.
2. The case projected by the petitioner is that, the Company happened to be a defaulter, in connection with the dues payable to the Electricity Board. Based on the requisition made by the Board, steps were taken by the Revenue Authorities. In the course of such proceedings, the Car bearing No.KL-09-V-6979 covered by Ext.P1 R.C., was attached while in motion, which is per se wrong and illegal in all respects and hence the challenge.
3. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for the respondents 1 and 2 and the learned Standing Counsel appearing for the 3rd respondent.
4. During the course of hearing, the learned counsel for the W.P.(C) No.27486 of 2014 2 petitioner points out that, the petitioner is not personally liable to the 3rd respondent Electricity Board in any manner and that the liability is admittedly of the concerned Company. It is also pointed out that, the defaulter Company is having assets worth nearly Rs.60 Crores and the petitioner does not have any objection in proceeding against the Company or its assets.
5. The nature of ownership of the Car is very much discernible from Ext.P1. It shows that, it has been registered in the name of the petitioner and not in the name of the Company. In so far as the Car belongs to the petitioner, the personal assets of the petitioner, though he happens to be a Director of the Company, are not liable to be proceeded against for the alleged dues of the Company, save as otherwise provided under the relevant provisions of law.
5. In the above circumstances, the respondents are directed to release the vehicle of the petitioner forthwith. However, they are set at liberty to proceed against the assets of the defaulter Company, in accordance with the relevant provisions of law, if any amount is legally due from the said Company.
W.P.(C) No.27486 of 2014 3 Petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the respondents, for further steps.
The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE sp