IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 6954 of 2008(C) ------------------------- PETITIONER: --------------- M/S.KITCHEN APPLIANCES INDIA LTD., 39/3655, SAHODARAN AYYAPPAN ROAD, NEAR SOUTH OVER BRIDGE, KOCHI-16, A PUBLIC LTD., COMPANY HAVING ITS HEAD OFFICE AT C6, ASHOK STEEL COMPOUND, 159, CST ROAD, KALIMA, SANTACRUZ,EAST BOMBAY, REP. BY SRI.KOSHY GEORGE,BRANCH ACCOUNTANT. BY ADV. SRI.E.P.GOVINDAN RESPONDENTS: ----------------- 1. THE ASST.COMMISSIONER (AUDIT ASSMT), OFFICE OF THE DY.COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM. 2. ASST. COMMISSIONER (ASSMT II), SPECIAL CIRCLE II, COMMERCIAL TAX COMPLEX, THEVARA, ERNAKULAM. 3. DY.COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. 4. INSPECTING ASST. COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM. 5. STATE OF KERALA, REPRESENTED BY SECRETARY, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 6954 OF 2008 C ==================== Dated this the 28th day of February, 2008 J U D G M E N T Petitioner submits that against Ext.P3 order of assessment, Ext.P4 appeal and Ext.P5 stay petition have been filed and that these are pending consideration of the 3rd respondent, the appellate authority. In the meanwhile, recovery proceedings have been initiated by Ext.P1 and hence this writ petition has been filed. 2. Having regard to the pendency of appeal and stay petition, I direct that the appellate authority, the 3rd respondent shall consider and pass orders on Ext.P5 stay petition filed by the petitioner. This shall be done as expeditiously as possible, at any rate within four weeks of production of a copy of this judgment. In the meanwhile, further proceedings pursuant to Ext.P1 will stand stayed for a period of six weeks. Petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp