IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 9832 of 2008(U) ------------------------- PETITIONER: ------------ MESSRS. ECOF INDUSTRIES PVT.LTD. 91 DR.RADHAKRISHNA SALAI, GEE GEE CRYSTAL 8C AND 8D 8TH FLOOR, MYLAPORE, CHENNAI 600 004. REPRESENTED BY ITS GENERAL MANAGER G.SRIKANTH BY ADV. SRI.A.KUMAR RESPONDENTS: ------------- 1. DY. COMMISSIONER (APPEALS), COMMERCIAL TAXES, PALAKKAD 2. THE COMMERCIAL TAX OFFICER FIRST CIRCLE, PALAKKAD. BY SHRI.K.P.PRADEEP, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. ---------------------- WP(C) No. 9832 of 2008 ------------------------------------ Dated, this the 25th day of March, 2008 J U D G M E N T Since petitioner has filed appeal against sales tax assessment for the year 2004-05, there will be stay against recovery proceedings till disposal of the appeal on petitioner remitting 1/3rd of the demand in two equal instalments, first of which will be paid on or before 31/03/2008 and the next will be paid on or before 25/04/2008. The appellate authority is directed to take up the appeal out of turn and dispose of the same within a period of three months from the date of making payment as above. If payment is not made, entire demand can be recovered during pendency of appeals and in that case appeal will be disposed of in the usual course. The writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg