IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WA.No. 2550 of 2009 --------------------------- AGAINST THE JUDGEMENT IN WPC.31692/2008 Dated 29/10/2008 .................... APPELLANT/PETITIONER ------------------------------------ THE CANARA BANK, OVERSEAS BRANCH, OPP.KAVITHA THEATRE, M.G.ROAD, ERNAKULAM, COCHIN, REPRESENTED BY SMT.SREEDEVI NAIR, W/O.A.HARI, AGED 39 YEARS, RESIDING AT "SREEVALSAM", PANAYAPPALLY, COCHIN-2. BY ADV. SRI.P.GOPINATH MENON, SC, CANARA BANK RESPONDENTS/RESPONDENTS -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMNET SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. M/S.COMET COMMODITY EXPORTS LTD., FLAT.NO.1 C, AUTUMN DALE, PANAMPILLY NAGAR, ERNAKULAM. 5. K.R.SUDARSHANAN, MANAGING DIRECTOR, M/S.COMET COMMODITY EXPORTS LTD., FLAT.NO.1 C, AUTUMN DALE, PANAMPILLY NAGAR, ERNAKULAM. 6. SRI.K.N.SASI, KOLAPILLIL, CHEPPANAM, KUMBALAM, ERNAKULAM DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SRI.K.B.PRADEEP THIS WRIT APPEAL HAVING COME UP FOR ORDERS ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2550 OF 2009 and C.M. Appl. No. 1188 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2009 JUDGMENT Basheer, J. Learned Government Pleader accepts notice for respondent Nos. 1 to 3. Since respondent Nos. 4 to 6 were not served with notice in the Writ Petition, we do not propose to issue notice to them at this stage. 2. Having heard learned counsel for the parties and having perused the averments in the affidavit filed in support of the petition for condonation of delay, we are satisfied that the delay of 336 days in filing the Writ Appeal is liable to be condoned. We do so. 3. When this appeal is taken up for consideration, learned counsel for the appellant submits that the issue involved in this appeal is squarely covered against the appellant in view of the judgment of the Apex Court in W.A.No. 2550 OF 2009 and C.M. Appl. No. 1188 OF 2009 -:2:- Central Bank of India v. State of Kerala[(2009) 4 SCC 94]. Therefore the appeal is dismissed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb