IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 28683 of 2008(M) -------------------------- PETITIONER(S): --------------------- M/S.NATIONAL INSTITUTE OF FIRE ENGINEERING(M/SNIFE), 50/1147 RAILWAY STATION ROAD,EDAPPALLY, COCHIN-24, REP. BY ITS PROPRIETOR M.V.THOMAS BY ADV. SMT.K.LATHA RESPONDENT(S): ----------------------- 1. GOVERNMENT OF INDIA REP. BY SUPERINTEN- DENT, DEPARTMENT OF CENTRAL EXCISE AND SERVICE TAX DIVISION. 2. ASSISTANT COMMISSIONER, OFFICE OF THE ASST.COMMISSIONER OF CENTRAL EXCISE SERVICE TAX DIVISION, CENTRAL EXCISE BHAVAN, KATHRIKADAVU, KOCHI-17. 3. ASSISTANT REGISTRAR, CUSTOMS EXCISE AND SERVICE TAX APPELLATE TRIBUNAL, SOUTHERN BENCH,FIRST FLOOR, WPC BUILDING, FKCCI COMPLEX, KEMPEGOWDA ROAD, BUNGALORE-560 069. BY ASST. SOLICITOR GENERAL SRI. P. PARAMESWARAN NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.28683 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of September, 2008 JUDGMENT Petitioner has preferred Ext.P2 appeal, wherein the petitioner has also moved an application, Ext.P3, seeking stay. In the meantime petitioner is faced with recovery, Ext.P4. 2. I heard learned counsel for the respondents also. The writ petition is disposed of directing the third respondent to consider and take a decision on Ext.P3 stay petition in accordance with law within a period of three weeks from the date of receipt of a copy of this judgment. Till such time as a decision is taken, recovery proceedings will be kept in abeyance. (K.M. JOSEPH, JUDGE) sb