IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 5930 of 2008(E) ------------------------- PETITIONER(S): ----------------------- M/S.NEPTUNE READYMIX CONCRETE PVT.LTD., PLOT NO.VI/58 AND 59, INDUSTRIAL DEVELOPMENT AREA, EDAYAR, MUPPATHADAM P.O., KOCHI. REPRESENTED BY THE MANAGING DIRECTOR, ALEX THOMAS. BY ADVS. SRI.VIJAYAN. K.U. SRI.C.K.THANU PILLAI RESPONDENT(S): ------------------------- 1. THE INTELLIGENCE OFFICER, SPECIAL SQUAD (RUBBER) SQUAD NO.IV, OFFICE OF THE DEPUTY COMMISSIONER (INTELLIGENCE) COMMERCIAL TAXES, ERNAKULAM. 2. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM. 3. THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 4. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM. 5. THE ASSISTANT COMMISSIONER (KVAT), COMMERCIAL TAXES, SPECIAL CIRCLE III, ERNAKULAM. GOVERNMENT PLEADER MR.K.P.PRADEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2010 ALONG WITH WPC NO. 30292 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 5930 OF 2008- E = = = = = = = = = = = = = = Dated this the 21st day of February 2008 O R D E R If the petitioner furnishes bank guarantee for the amount payable as additional court fee, Exts.P11 and P14 will be considered on merits. 2. There will also be a stay of recovery of penalty payable under Exts.P9 and P10 on condition that the petitioner deposits 1/3rd of the amount due there under within two weeks from today and furnishes bank guarantee for the balance amount within the aforesaid period. 3. It is also directed that once the aforesaid condition is complied with, the bank guarantee already furnished by the petitioner for Rs.1,33,70,718/- shall be released by the 2nd respondent. Post along with W.P.(C)No. 30292 of 2006. Handover the order. ANTONY DOMINIC JUDGE jan/-