IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 33435 of 2008(E) -------------------------- PETITIONER(S): --------------- IFB INDUSTRIES LTD., KALOOR, KOCHI-17, REPRESENTED BY ITS BRANCH MANAGER P. SATHYRAJ. BY ADV. SRI.S.ANIL KUMAR (TRIVANDRUM) RESPONDENT(S): --------------- 1. THE ASST. COMMISSIONER (ASSMT.), COMMERCIAL TAXES, SPECIAL CIRCLE-II, ERNAKULAM. 2. THE SALES TAX APPELLATE TRIBUNAL, ERNAKULAM. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM. BY GOVERNMENT PLEADER ADV.SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 33435 OF 2008 E ```````````````````````````````````````````````````` Dated this the 13th day of November, 2008 J U D G M E N T Prayers in the writ petition are as follows: (i) to issue a writ of mandamus or any other appropriate writ, order or direction as this Hon'ble court deems fit and proper in the circumstances of the case, directing the second respondent to issue orders on Ext.P7 and Ext.P8 petitions as expeditiously as possible. (ii) to issue a writ of prohibition or other appropriate writ or order restraining the third respondent or anybody acting on his behalf from realizing the amount covered by Ext.P11 order. 2. Today, when the matter came up, learned Government Pleader points out that orders have already been passed on Exts.P7 and P8 and, therefore, the first prayer has become infructuous. It is also pointed out that the orders have been served on the petitioner. Ext.P11 is a prohibitory order attaching the amount in the current account. The amount due is in the region of Rs.94 lakhs. In such circumstances, there is no merit in WPC.33435/08 : 2 : the second prayer also. Learned counsel for petitioner submits that the petitioner may be permitted to clear the amount in instalments. I feel that some time can be given. Accordingly, writ petition is disposed of as follows. If the petitioner remits Rs.40 lakhs within one week from today, the attachment will be lifted. This is on condition that the petitioner will remit the balance amount remaining to be paid with due interest in four equal monthly instalments. The first instalment shall be paid on or before 10.12.2008 and the further instalments shall be paid on or before the 10th day of the succeeding months. If the petitioner does not remit any of the instalments, the petitioner will lose the benefit of this judgment. It is made clear that the attachment will continue till the amount of Rs.40 lakhs is paid. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE