IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 8517 of 2010(L) ------------------------------------- PETITIONER(S): ----------------------- M/S.UNITED BREWERIES LTD, UNIT, PREMIER BREWERIES, KANJIKODE WEST P.O PALAKKAD, REPRESENTED BY ITS GENERAL MANAGER S.RAMAKRISHNAN. BY ADV. MR.N.MURALEEDHARAN NAIR, MR.T.G.ABHILASH. RESPONDENT(S): ------------------------- 1. INTELLIGENCE OFFICER (IB) MATTANCHERRY OFFICE OF THE DEPUTY COMMISSIONER (INT), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM AT EDAPPALLY. 2. KERALA SALES TAX APPELLATE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM. 3. INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, PALAKKAD. R1 TO R3 BY GOVERNMENT PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, ALONG WITH WP(C) NO. 8518 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R. RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).Nos. 8517 & 8518 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of March, 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T The petitioner in both these cases is same, though the cause of action is different. 2. The case of the petitioner is that, appeals have been filed challenging the impugned orders, before the 2nd respondent/Sales Tax Appellate Tribunal (STAT), along with the I.As for stay and after considering the merits involved, Ext.P4 interim stay was granted for a period of one month on 15.2.2010, which is to expire today; which has been sought to be extended by filing Ext.P5 application, which is stated as pending consideration before the 2nd respondent. The grievance of the petitioner is that, there is no sitting of the 'full bench' of the Tribunal before 29.3.2010, on which day alone, the appeals have been listed for final hearing and hence the petitioner is constrained to approach this Court, in view of the coercive steps already pending. W.P.(C).Nos. 8517 & 8518 of 2010 2 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the 2nd respondent is directed to pass appropriate orders on Ext.P5 application for extension of interim stay, during the pendency of the appeals, as expeditiously as possible. It is made clear that till such orders are passed on Ext.P5, all further recovery proceedings being pursued against the petitioner, shall be kept in abeyance. The writ petition is disposed of as above. P.R. RAMACHANDRA MENON JUDGE nl