IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 9242 of 2008(A) ------------------------- PETITIONER: ------------ N.NANDAKUMAR,MANAGING PARTNER, SHASTHA ENTERPRISES,BEACH ROAD,KOLLAM 691 001. BY ADV. SRI.B.SURESH KUMAR RESPONDENTS: ------------- 1. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES,KOLLAM. 2. THE INTELLIGENCE INSPECTOR, INTELLIGENCE OFFICE,COMMERCIAL TAXES, SQUAD NO.II,KOLLAM AT KOTTARAKKARA. 3. THE MANAGER,VIJAYA BANK,KOLLAM. BY SHRI.K.GOVINDAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.9242/2008 ----------------------------------------------------------------- Dated this the 18th day of March, 2008 JUDGMENT Ext.P5 is an order of assessment against which the petitioner has filed Ext.P6 appeal and Ext.P7 stay petition. The appeal and stay petition are pending consideration of the first respondent. It is stated that the Bank guarantee furnished by the petitioner during the pendency of the appeal has already appropriated towards the penalty that has been imposed. The petitioner apprehends continuance of the recovery proceedings for realising the amount due in Ext.P5 and hence this writ petition has been filed. Having regard to the pendency of the appeal and stay petition as above, the writ petition is disposed of directing that the first respondent shall take up and consider Ext.P7 stay petition filed by the petitioner. This shall be done as expeditiously as possible, at any rate within 4 weeks from 2 the date of production of a copy of this judgment. In the meantime, further proceedings for recovery of the amount due under Ext.P5 shall be stayed for 6 weeks from today. Petitioner shall produce a copy of this judgment before the first respondent for compliance. ANTONY DOMINIC JUDGE vi.