IN THE HIGH COURi OF KARNAiAKA A BANGA.LGE Dated this tI 3rd day of April 1998 BORE fl HONBIE MR.JUSI’ICE v.P.MOHAN KUMR WRIT JUION NO.11056/1998 Between: M/s,Jyothi Supari Traders Betelnut Merchants Bhee flias axflUdra Chitradurga Taluk Chitradurga District by its Partner Sri D.Manjuah, major. ... Petitioner, (By Sri K.Yuvaraj Baflal, Advocate), nd: 1. T1 Addildoflal ASSiS tant Commissioner of Commercial Taxes (Assessment) chitradurga. 2. The Joint Commissioner of Commercial Taxes (Appeals) Davangere Divis ion Davangere District. 3. Knataka Appellate Triblnal Multistoried Buildin Dr. B. R. Ambe dkar Veedhi Bangalore, by its Secretary. ... Respondents. (By Smt,Sujatha, GP, for respondents). 2/ F —2— This writ pe.tion is filed under Artiei 226 of the Constitution of India praying to direct t o maintain status—qtLo till the sposal of the appeal in S.r.A,No,316 of 1998 pencng on the file of the K.A.T. Bangalore. £his writ petition coming on for preliminary hearing this day, the Court n.de the following:— ORDER The petitioner is ag’ieved by the imposition of penalty by the 1st respondent. He has preferred sri appeal before the 3rd respondent and the sa is pending. mexure—E is the appeal preferred by the petition before the )d respondent. He alleges that in the absence of power to ant interim order by the d respondent he is put to cons iderable difficulty as the pioceedings are initiated to recover the penalty assessed. He therefore rays for interim order staying the recovery of penalty. 2. I have heard Mrs.Sujatha, arned Goverrinit pleader as also the learned counsel for the peiticner, I feel in the facts and circumstances of the case —3- that the en of justice will be met if the peti— tioner is called upon to posit 50% of the amount in .spute within eight we&s from b-day aid furnish bk gt.rantee for the balce. If the petitioner oplies with:this requirent, the further proceedings to collect the tax will be stayed. In case of fault the respondents are free to reoover the arxun in lumpsum. rsk