IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 27242 of 2008(R) -------------------------- PETITIONER: ------------ M/S.HYDERABAD INDUSTRIES LTD MULANKUNNATHUKAVU TRICHUR, REP.BY ITS DY.MANAGER(ACCOUNTS) SRI.RAJENDRAN RAJA BY ADV. SRI.A.KUMAR RESPONDENTS: ------------- 1. THE DY. COMMISSIONER(APPEALS) THRISSUR 2. THE INTELLIGENCE OFFICER SQUAD NO.I, COMMERCIAL TAXES THRISSUR 3. STATE BANK OF HYDERABAD ERNAKULAM BY GOVT. PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 5.9.2008 , THE COURT ON 05/09/2008 DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.27242 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of September, 2008 JUDGMENT Aggrieved by Ext.P2 order, petitioner has filed Ext.P3 appeal. Ext.P2 is an order by which the Bank Guarantee given by the petitioner as security is forfeited. 2. I heard learned Government Pleader also. 3. Since the petitioner has filed an appeal, I feel that the Bank Guarantee should be maintained. But at the same time, it should not be enforced. Accordingly, the writ petition is disposed of as follows: There will be a direction to the first respondent to consider and take a decision on Ext.P3 in accordance with law and after affording an opportunity of hearing to the petitioner within three months from the date of receipt of a copy of this judgment. Till such time as Ext.P3 appeal is disposed of, the Bank Guarantee given by the petitioner will not be enforced. It is also ordered that if the Bank Guarantee expires, the petitioner will renew the Bank Guarantee for the amount in question till the disposal of the appeal. (K.M. JOSEPH, JUDGE) sb