2017 (12) TMI 1584

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Menon And Smt. K. Krishna For the Respondents : Sri. Mohammed Rafeeq, And Sr. Government Pleader JUDGMENT Vinod Chandran, J. The petitioners are aggrieved by the judgment of the learned Single Judge in the writ petition in which challenge was made against the recovery attempted as against the security bond executed by the petitioners/appellants. Second respondent is a dealer under the Kerala V .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ation to carry on business under the KVAT Act stood cancelled with effect from 21.11.2013. The learned Single Judge had considered the issue with reference to the terms of the bond. Ext.P1 bond, according to the learned Single Judge, was clear and unambiguous, insofar as the petitioners have stood sureties for any default or failure occasioned on the part of the second respondent, the dealer in s .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... re is no stipulation either in the Rule or in the form that the bond would apply only to the default occasioned in future. The liability though was prior to the execution of the bond by the petitioners, remained due even after the bond was executed. In such circumstances, there can be no fault found in the recovery attempted from the petitioners. We agree with the learned Single Judge and dismiss .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X