IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 10288 of 2008 Between: M/s. Kirloskar Brothers Limited, 126, M.G. Road, Secunderabad, rep.by its Manager Accounts, Sri R.P. Sarathy. ..... PETITIONER AND 1 The Commercial Tax Officer, R.P. Road Circle, Secunderabad. 2 The Appellate Deputy Commissioner (CT), Secunderabad Division, Hyderabad. 3 The Joint Commissioner (CT)(L), Andhra Pradesh, hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ or order or direction particularly one in the nature of Writ of Mandamus granting stay of collection of the disputed tax of Rs. 2,45,57,051/- for the assessment year 2004-05 (APGST) arising in pursuance of the stay rejection order of the Second respondent dated 11-03-2008 passed in Appeal No. S/213/2007-08 pending disposal of the appeal before second respondent. Counsel for the Petitioner:MR.S.KRISHNA MURTHY Counsel for the Respondents: SPL. SC FOR COMMERCIAL TAX The Court made the following : O R D E R (Per BPR,J): Heard learned counsel for the parties and at their request, the main writ petition itself is taken up for disposal. The petitioner herein is aggrieved against the orders of not granting stay pending substantive appeal before the Appellate Deputy Commissioner. Having heard the learned counsel and on perusal of the material on record, since substantial appeal is pending involving several substantial questions, we are refraining from expressing any opinion on the merits of the case, but it is suffice, in the interest of justice, to grant stay subject to certain conditions. This writ petition is disposed of granting stay pending disposal of the appeal, on condition of the petitioner depositing half of the disputed tax within a period of six weeks from today. The amounts, if any, paid already shall be given credit to. The appeal shall be disposed of on merits after giving notice and opportunity. There shall be no order as to costs. __________________ B. PRAKASH RAO, J __________________ C.Y.SOMAYAJULU, J Dated: 2nd May, 2008 sj ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commercial Tax Officer, R.P. Road Circle, Secunderabad. 2 The Appellate Deputy Commissioner (CT), Secunderabad Division, Hyderabad. 3 The Joint Commissioner (CT)(L), Andhra Pradesh, hyderabad. 4. 2CD copies Form-NIC-OGS/WP{TRT}