IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 WP(C).No. 13373 of 2009(N) -------------------------- PETITIONER: --------------- VIJOY VARGHESE, PROPRIETOR, NICE AGENCIES, PATHUVANA BUILDING, OPP. TVS TYRES, SOUTH KALAMASSERY, ERNAKULAM DISTRICT. BY ADV. MR.BOBBY JOHN MR.P.N.DAMODARAN NAMBOODIRI RESPONDENTS: --------------- 1. THE INTELLIGENCE INSPECTOR, COMMERCIAL TAXES, SQUAD II, ERNAKULAM. 2. THE INTELLIGENCE OFFICER, COMMERCIAL TAXES, SQUAD II, ERNAKULAM. 3. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. 4. THE FEDERAL BANK LTD., KALAMASSERY BRANCH, REPRESENTED BY ITS BRANCH MANAGER. SR. GOVERNMENT PLEADER MR. MOHAMMED RAFIQ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ----------------------------------- W.P.(C).No.13373 of 2009 - N --------------------------------- Dated this the 8th day of May, 2009 J U D G M E N T Against Ext.P5 order imposing penalty, the petitioner had filed Ext.P6 appeal before the 3rd respondent. He had also filed Ext.P7 petition seeking an early hearing of the appeal. The matter arises pursuant to detention of goods transported by the petitioner. At the time when the goods were released, the petitioner had furnished bank guarantee for an amount of Rs.55,000/-. The 4th respondent -bank had extended validity of the bank guarantee up to 8.5.2009 as per Ext.P4 letter. Considering the fact that the amount covered under Ext.P5 order of penalty is secured through bank guarantee, I am inclined to direct to keep in abeyance the recovery steps till disposal of the appeal. In the result, the writ petition is disposed of directing the 3rd respondent to consider and dispose of Ext.P6 appeal at the earliest, at any rate within a period of one month from the date of receipt of a copy of this judgment. The realisation of the W.P.(C).No.13373 of 2009 - N 2 amount covered under Ext.P5 order shall be kept in abeyance till the disposal of the appeal on condition that the petitioner furnishes appropriate intimation from the 4th respondent - bank extending the validity of the existing bank guarantee for a further period of three months. C.K.ABDUL REHIM, JUDGE. bkn/-