IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 W.P(C).No. 9114 of 2008(I) ------------------------------------- PETITIONER: ------------------ FENNER [INDIA] LTD.,117/6E, USILAMPETTY ROAD, MEENAKSHIPURAM, MADURAI 625 016 REPRESENTED BY V.VARADHA NAMBI OFFICER- ACCOUNTS. BY ADV. SRI.JOSEPH JERARD SAMSOM RODRIGUES RESPONDENTS: ---------------------- 1. SALES TAX INSPECTOR, SALES TAX OFFICER ENQUIRY], KUMILY. 2. COMMERCIAL TAX OFFICER [ENQUIRY], IDUKKI. 3. DEPUTY COMMISSIONER [APPEALS], DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 9114 OF 2008 - I = = = = = = = = = = = = = = Dated this the 18th day of March, 2008 J U D G M E N T The challenge is against Ext. P7 order requiring the petitioner to pay 50% of the penalty as a condition for grant of stay. A reading of Ext. P7 shows that the appellate authority has taken into account the submissions made on behalf of the petitioner and it is on consideration of the said condition that the authority was satisfied that the petitioner had made out a prima facie case for the grant of a conditional stay. I do not find anything perverse in the order warranting interference in the writ jurisdiction. Writ petition fails and is dismissed. However, time for payment fixed in Ext. P7 will stand enlarged till 25.3.2008. ANTONY DOMINIC JUDGE jan/-