IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 6546 of 2007(D) ------------------------- PETITIONER(S): --------------- M/S.EXCEL GLASSES LTD., PATHIRAPPALLY, ALAPPUZHA, REPRESENTED BY B.G.AGARWAL, VICE PRESIDENT (COMMERCIAL). BY ADV. DR.K.B.MUHAMED KUTTY, SENIOR ADVOCATE SRI.K.M.FIROZ RESPONDENT(S): --------------- 1. THE ASSISTANT COMMISSIONER (ASSESSMENT), COMMERCIAL TAXES, SPECIAL CIRCLE, ALAPPUZHA. 2. THE SALES TAX APPELLATE TRIBUNAL, ADDITIONAL BENCH, KOTTAYAM, REPRESENTED BY ITS ASSISTANT SECRETARY. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, AMBALAPPUZHA TALUK, ALAPPUZHA. MR.K.P.PRADEEP, SPL. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.6546/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF INTERIM STAY FOR ONE MONTH FROM 30/01/2007 PASSED BY THIS HONOURABLE COURT. P2 : COPY OF REVIEW PETITION DATED 23/02/2007. P3 : COPY OF STAY PETITION DATED 23/02/2007. P4 : COPY OF LETTER DATED 27/01/2004 ACKNOWLEDGING ACCEPTANCE OF CHEQUE FOR RS.25,00,000/- P5 : COPY OF REVISED ASSESSMENT ORDER 05/07/2006. P6 : COPY OF DEMAND NOTICE UNDER REVENUE RECOVERY ACT DATED 28/12/2006. P7 : COPY OF APPELLATE TRIBUNAL ORDER DATED 28/07/2006. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------ WP(C) No.6546 of 2007 -------------------------- Dated, this the 8th day of October, 2009 ------------------------------ J U D G M E N T The prayer sought is for expediting disposal of Ext.P2 review petition, and also for keeping in abeyance further recovery proceedings pending, during the pendency of Ext.P3 stay petition filed along with Ext.P2 review petition. 2. An interim order was passed by this Court on 27/02/2007 directing that orders be passed on the stay petition. Therefore, at this stage, the only direction that is called for is to direct the 2nd respondent to consider and pass orders on Ext.P2 review petition filed seeking review of the order passed in Tribunal Appeal No.95/2005 with notice to the petitioner, if the same is pending. There will be a direction to that effect. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg