IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 6770 of 2008(E) ------------------------- PETITIONER: ------------ M/S. ARJUNA NATURAL EXTRACTS (P) LTD. BANK ROAD, ALWAYE, REPRESENTED BY ITS MANAGING DIRECTOR MR.P.J.KUNJACHAN BY ADV. SRI.RAMESH CHERIAN JOHN RESPONDENTS: ------------- 1. THE ASST.COMMISSIONER (ASSMT) SPECIAL CIRCLE (PRODUCE), MATTANCHERRY. 2. DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, ERNAKULAM. BY GOVERNMENT PLEADER SRI C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 6770 of 2008 ------------------------------------- Dated: February 27, 2008 JUDGMENT Against Ext.P2 re-opened assessment order, petitioner has filed Ext.P4 appeal and Ext.P5 stay petition. While the appeal and the stay petition are pending consideration of the 2nd respondent, apprehending that recovery proceedings will be initiated, this writ petition has been filed. 2. Taking into account the pendency of the appeal and the stay petition before the 2nd respondent as noticed above, I dispose of this writ petition directing that the 2nd respondent shall take up and consider Ext.P5 application as expeditiously as possible, at any rate, within four weeks from the date of production of a copy of this judgment. In the meantime further proceedings for recovery of the amount due in terms of Ext.P2 will be deferred for a period of six weeks from today. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE