IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1204 of 2009 M/S JYOTHY LABORATORIES LIMITED Registered Office 43, Shiv Shakthi Industrial Estate, Moral, Andheri-Kurla Road, Mumbai-400 059 Havin Sales Depot at:305, Hem Plaza, Freser Road, Patna-800001 through the authorized signatory Mr. Ajay Kumar Thakur. Versus 1. The State of Bihar through Secretary, Commercial Taxes, Govt. of Bihar. 2. Joint Commissioner (Appeals), Department of Commercial Taxes, Central Division, Patna. 3. Commercial Tax Officer, Patliputra Circle, Patna. 4. Deputy Commissioner of Commercial Taxes, Patliputra Circle, Patna. ----------- For the Petitioner : Mr. Ajay Kumar Sinha. For the Respondents : Mr. Lalit Kishore, AAG-3. Mr. Satyabir Bharti, AC to AAG3. ----------------- 2/ 09.02.2009 This writ petition has been filed for quashing the notice dated 13.12.2007 (Annexure-8 and Annexure-12 series) as also for a direction not to further proceed pursuant to the said notice till disposal of appeal pending before this Court in M.A. No. 713 of 2008. Mr. A.K. Sinha appears on behalf of the petitioner. State is represented by Additional Advocate General no. 3 This writ petition has been preferred against the notice. We are not inclined to enter into the merit of the case at this stage. Petitioner, if so advised, may file its show-cause and take such pleas as are available to it in law. The other prayer made by the petitioner, not to proceed further till disposal of M.A. No. 713 of 2008 is concerned, the same is not fit to be granted. Mere admission of the appeal does not mean that the show cause notice or the ultimate order which shall be passed are rendered illegal. 2 We do not find any merit in the application. It is dismissed in limine. S.B.P. (Chandramauli Kumar Prasad, ACJ.) (Mandhata Singh, J.)