1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Sales Tax Appeal No.7 of 2009 in VAT No.4 of 2009 with Notice of Motion No.4043 of 2009 The Commissioner of Sale Tax, Maharashtra State .Applicant Vs. M/s President Trade and Exim Corporation ..Respondents Mr.A.A.Kumbhakoni with Mrs.Uma Palsule Desai, A.G.P. for applicant Mr.Ratan Kumar Samal for respondents. CORAM: V.C.DAGA AND K.K.TATED JJ 15th January,2010 P.C. 1 Heard the learned Counsel appearing for the Revenue and the learned Counsel appearing for the respondents. 2 Undertaking given by Mr.Kishor Popatlal Shah, proprietor of the respondent firm duly affirmed on oath is taken on record 2 by consent of the parties. The same is marked as X for identification. Statements contained in the undertaking are accepted and taken on record with the consent of the parties. In view thereof the learned Counsel appearing for the Revenue seeks permission to withdraw this appeal. Appeal is dismissed as withdrawn. 3 At this juncture it is relevant to note that in view of the undertakings given by the respondents it is obligatory on the part of the revenue to decide the assessment proceedings with expeditious dispatch at any rate within six months. This period is being fixed with the consent of the learned Counsel appearing for the parties. 4 In view of disposal of the appeal notice of motion no.4043 of 2009 does not survive and hence disposed of. K.K.TATED J.) (V.C.DAGA J.)