IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.4.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.11204 of 2011 M/S.TAMIL NADU ENTERPRISES [ PETITIONER ] NO.1, GAJAPATHY STREET SHENOY NAGAR, CHENNAI-600 030 Vs 1 THE APPELLATE DEPUTY COMMISSIONER (CT) VI (FAC) VITH FLOOR KURALAGAM ANNEXE, CHENNAI-600 108 2 THE ASSISTANT COMMISSIONER (CT) KILPAUK ASSESSMENT CIRCLE CHENNAI. [ RESPONDENTS ] Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus to call for the records of the first respondent in SP.No.11/2011 in AP.V.No.23/11 dated 06.04.2011 and quash the same and further direct the first respondent to grant an absolute stay for the balance of tax and the entire penalty amount without insisting upon furnishing of securit in the form of immovable property or Bank Guarantee pending disposal of the appeal on the files of the first respondent. For petitioner : Ms.C.Rekha Kumari For respondents : Mr.R.Mahadevan AGP (T) O R D E R Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, appearing on behalf of the respondents. 2. By consent of both the parties, the writ petition is taken up https://hcservices.ecourts.gov.in/hcservices/ for final hearing and disposal. 3. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice if the order of the first respondent, dated 06.04.2011, made in SP.No.11/2011 in AP.V.No.23/2011, is modified, permitting the petitioner to furnish a personal bond, in respect of the balance of the tax and penalty amount of Rs.3,23,792/-, instead of furnishing secuirty, by way of a bank guarantee for the said amount. 4. The learned Additional Government Pleader appearing on behalf of the respondents has no objection for this Court passing such an order. 5. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondents, the order of the first respondent, dated 06.04.2011, made in SP.No.11/2011 in AP.V.No.23/2011, is modified, permitting the authorised representative of the petitioner firm to furnish a personal bond, for the balance of the tax and penalty amount of Rs.3,23,792/-, instead of furnishing a bank guarantee for the said amount, within a period of two weeks from today. The writ petition is ordered accordingly. No costs. Connected M.P.No.1 of 2011 is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar lan To: 1 THE APPELLATE DEPUTY COMMISSIONER (CT) VI (FAC) VITH FLOOR KURALAGAM ANNEXE, CHENNAI-600 108 2 THE ASSISTANT COMMISSIONER (CT) KILPAUK ASSESSMENT CIRCLE CHENNAI. +1cc to the Special Govt. Pleader Sr 29568 +1cc to Mr.C.Rekhakumari Advocate Sr 30075 KSK(CO) km/2.5. Writ Petition No.11204 of 2011 https://hcservices.ecourts.gov.in/hcservices/