IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 10739 of 2009 Between: M/s. Aban Offshore Limited, (formerly known as Aban Loyd Chiles Offshore Ltd) having registered office at 113, Pantheon Road, Egmore, Chennai-600 008, rep. by its Authorised Signatory K. Chandru. ..... PETITIONER AND 1 The Commercial Tax Officer, Kakinada Circle, Kakinada. 2 The Appellate Deputy Commissioner (CT), Visakhapatnam Division, Visakhapatnam. 3 The Joint Commissioner (CT) Legal, Andhra Pradesh, Hyderabad. 4 M/s. Oil and Natural Gas Corporation Limited, Rajahmundry, East Godavari District. .....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 issue a Writ of Mandamus or any other appropriate writ or order or direction setting aside the order of the 3rd respondent in CCT's Ref No.LV(3)/276/2009, dated 22.5.2009 granting stay of recovery of penalty and interest on an onerous condition has illegal, arbitrary, and unjustified and also the garnishee notice dated 14.5.2009 issued by the 1st respondent to the 4th respondent for recovery of disputed penalty and interest of Rs.2,46,71,702/- for the year 2005-06 under the APVAT Act pursuant to the order of the 1st respondent dated 5.3.2009 during pendency of the appeal before the 2nd respondent and stay application before the 3rd respondent as illegal, arbitrary, unjustified and contrary to law, consequently restrain the 1st respondent from taking any coercive steps for recovery of the disptued penalty and interest till disposal of the appeal by the 2nd respondent Counsel for the Petitioner: MR.S.DWARAKANATH Counsel for the Respondents: GP FOR COMMERCIAL TAX The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) The learned advocate for the petitioner seeks permission to withdraw the petition. Permission is granted. The petition stands disposed of as withdrawn with no order as to costs. ANIL R. DAVE, CJ RAMESH RANGANATHAN, J 9th June, 2009 ks