IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JANUARY 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 : 6989 of 2008 Between: M/s.Meco Tronics, D.No.5-9-241/A/A&B, Abids, Hyderabad rep.by its Proprietor Mr.Aiyaz E.Ebrahim ..... PETITIONER AND 1 The Joint Commissioner (CT), Legal, office of the Commissioner of Commercial Taxes, CT Complex, Nampally,Hyderabad 2 The Commercial Tax officer, Nampally circle 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 to issue writ of mandamus or any other appropriate writ or order or direction declaring the action of the 1st respondent in rejecting the stay application by proceedings dated 22.2.2008 in CCT.Ref.No.LV(1)/53/2007 as arbitrary, contrary to law and in violation of principles of natural justice and consequently grant stay of collection of disputed tax of Rs.2,38,524/- for the assessment year 2002-03 pending disposal of the appeal before the Hon`ble Sales Tax Appellate Tribunal and pass Counsel for the Petitioner:MR.SHAIK JEELANI BASHA Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : ORDER: (per Hon’ble Sri Justice B.Prakash Rao) Heard Sri M.V.Pavan Kumar, learned counsel for the petitioner and Sri K.Raji Reddy, learned Special Standing Counsel for Commercial taxes, and at their request, the writ petition itself is taken up for disposal at the stage of admission. The petitioner herein is aggrieved against the order 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 and since the appeal is pending, it would suffice, in the interest of justice, to grant stay pending disposal of the appeal, on condition of the petitioner depositing half of the disputed tax within a period of six (6) 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 sides. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. _____________________ B. PRAKASH RAO, J Date:01-04-2008 ____________________ C.Y.SOMAYAJULU, J usd To 1 The Joint Commissioner (CT), Legal, office of the Commissioner of Commercial Taxes, CT Complex, Nampally,Hyderabad 2 The Commercial Tax officer, Nampally circle Hyderabad 3 Two CD copies