IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF FEBRUARY 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 : 10441 of 2008 Between: M/s Sree Prashant Spinners Ltd Thadukpet Nagari Mandalam- 515590 Chittoor Dist rep.by its Managing Director Mr P.R Prabhakar ..... PETITIONER AND 1 The Commercial Tax Officer(FAC) Puttur Circle Chittoor Dist 2 The Deputy Commissioner(CT) Chittoor Dist 3 The Additional Commissioner(CT) Legal A.P Hyd .....RESPONDENT(S) 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 to issue writ of certiorari or any other appropriate writ or order or direction quashing the order of the 3rd respondent in LIII(3) /167/2008 dt.14-3-2008 in refusing to grant stay of collection of disputed tax as illegal arbitary and contrary to law and consequently direct the 1st respondent from taking any coercive steps for recovery of the balance disputed tax of Rs.3,16,200/- sales tax Appellate Tribunal in T.A 152/08 for the assessment year 2002-03 under CST act and pass Counsel for the Petitioner:MR.S.DWARAKANATH Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO. 10441 OF 2008 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard both the sides 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 and issuing garnishee notice pending appeal on the file of the Sales Tax Appellate Tribunal. Having heard the learned counsel and on perusal of the material on record, since the appeal is pending involving several substantial questions, it is suffice in the interest of justice to grant stay subject to certain conditions. The Writ Petition is disposed of granting stay pending disposal of the appeal, on a 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 impugned garnishee notice shall stand suspended till the disposal of the appeal. The appeal shall be disposed of on merits after giving notice and opportunity to both the sides. _________________ (B.PRAKASH RAO, J) __________________ (C.Y.SOMAYAJULU, J) 2.5.2008 Note: Wire at party’s cost B/O tvk THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 10441 of 2008 Date: 2.5.2008