IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 RP.No. 66 of 2008(H) ----------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.36405/2007 DATED 17/12/2007 .................... PETITIONER IN THE RP & W.P.(C): ------------------------------------------------- 1. M/S. FINS ENGINEERS AND CONTRACTORS (P) LTD., USHUS COMPLEX, WEST FORT, M.G.ROAD, THRISSUR, REPRESENTED BY P.N.SURESH, ITS MANAGING DIRECTOR. 2. P.N.SURESH, EX-PROPRIETOR, FINS ENGINEERS & CONTRACTORS, WEST FORT, THRISSUR. BY ADV. SRI.ARIKKAT VIJAYAN MENON, SRI.HARISANKAR V. MENON. RESPONDENTS IN THE R.P & W.P.(C): ------------------------------------------------------- 1. SALES TAX OFFICER (WC & LT), DEPARTMENT OF COMMERCIAL TAXES, THRISSUR. 2. DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. BY GOVT. PLEADER SRI. C.K. GOVINDAN. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17/01/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ANTONY DOMINIC, J. ================================= R.P.NO.66 OF 2008 in W.P.(C)36405/2007 ================================== Dated this the 17th day of January 2008 ORDER W.P.(C)36405/2007 was disposed of by judgment dated 17.12.2007 directing that out of the amount that is refundable, 8 lakhs will be adjusted towards the amount payable as per the condition that was imposed by the appellate authority. It is now disclosed that by a subsequent order that was passed, the respondents have turned down the petitioner's claim for refund of the whole amount. According to the respondents, they have no money available for adjustment, as directed. In view of this, counsel for the petitioner submits that they have deposited five lakhs out of 8 lakhs ordered to be deposited and what remains to be deposited is only 3 lakhs. In order to deposit this amount, the petitioner submits that they be given 10 days time from today and that the judgment may be suitably modified enlarging the time for such deposit. Taking into account the aforesaid facts and circumstances, I direct that it will be open to the petitioner to remit the balance 3 lakhs within 10 days from today and if it is so R.P.66/2008 2 deposited, it will be deemed that the conditional order passed by the second respondent appellate authority is satisfied. The review petition is disposed of as above. ANTONY DOMINIC, JUDGE css/