IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 10716 of 2008(A) -------------------------- PETITIONER: ------------ EVEREADY INDUSTRIES INDIA LTD., BUILDING NO. V/759, CLUB JUNCTION, EDAPPALLY, KOCHI 682 024. REPRESENTED BY MR.S.VIJAYAN, AUTHORISED SIGNATORY. BY ADV. SRI.JOSEPH JERARD SAMSOM RODRIGUES RESPONDENTS: ------------- 1. ASSISTANT COMMISSIONER (ASSMT) SPECIAL CIRCLE I, DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 2. DEPUTY COMMISSIONER (APPEALS) II, DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 3. INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, KOCHI-30. BY G.P. SRI. E.P. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 10716 OF 2008 -------------------------------------------- Dated this the 31st day of March, 2008 JUDGMENT Petitioner is challenging Ext.P4 order whereunder the appellate authority has directed payment of Rs. 6.5 lakhs as a condition for stay. Even though normally this Court does not interfere with the conditional stay order issued by the first appellate authority, in view of the Tribunal's order on rate of tax produced by the petitioner, namely, Ext.P5, I modify Ext.P4 by reducing the payment to Rs. 3.5 lakhs. Time is granted till 10.4.2008 to make payment of Rs. 3.5 lakhs. W.P. is disposed of with the above modification of Ext.P4. (C.N. RAMACHANDRAN NAIR) Judge kk 2