THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.5841 of 2010 ORDER: (per the Hon’ble Sri Justice B.Prakash Rao) Heard both sides. At their request, the main appeal itself is taken up for disposal. The grievance of the petitioner, in this writ petition, filed under Article 226 of the Constitution of India, is only with regard to refusal to grant stay pending appeal, where substantial questions are involved. Though several contentions are urged on merits, however, since the main appeal itself is pending consideration before the Sales Tax Appellate Tribunal, we are restrained from going into the merits of the case. However, in view of the nature of the questions involved, which pertain to substantial and substantive rights of the parties, there shall be interim stay to the extent of collection of the disputed tax pending disposal of the appeal. In the circumstances, there shall be interim stay to the extent of collection of the disputed tax, subject to condition that the petitioner deposits 50% of the disputed tax on or before 31.03.2010, pending disposal of the appeal before the Sales Tax Appellate Tribunal, Visakhapatnam, We further make it clear that any tax, if any, already paid shall be given credit to. There shall be no order as to costs. Accordingly the WP is disposed of. _________________________ JUSTICE B.PRAKJASH RAO _______________________ JUSTICE G.CHANDRAIAH 15th March 2010 TVK THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.5841 of 2010 Date: 15.3.2010