IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 9395 of 2008(R) ------------------------- PETITIONER: ------------ M/S. I.F.B. INDUSTRIES, 361823, SEBASTIABN ROAD, KALOOR, KOCHI - 17, REPRESENTED BY ITS REGIONAL MANAGER, T.R. RAMESH. BY ADV. SMT.K.LATHA RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. ASSISTANT COMMISSIONER (ASSMT.), SPECIAL CIRCLE, ERNAKULAM. 3. DEPUTY COMMISSIONER (APPEALS) III, COMMERCIAL TAXES, ERNAKULAM. 4. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAX, ERNAKULAM. BY GOVT. PLEADER MR. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 9395 OF 2008 R = = = = = = = = = = = = = = = = Dated this the 19th March, 2008 J U D G M E N T Against Ext. P1 order of assessment, petitioner has filed Ext. P2 appeal now pending before the 3rd respondent. The petitioner has not even applied for any stay of recovery and therefore the recovery in terms of Ext. P3 cannot be faulted. However, having regard to the pendency of the appeal as noticed above, this writ petition is disposed of directing that the 3rd respondent before whom Ext. P2 appeal is pending shall consider and pass orders on the appeal as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment. In the meantime, further proceedings pursuant to Ext. P3 will stand stayed on condition that the petitioner remits 50% of the amount due thereunder before 31.3.2008. ANTONY DOMINIC JUDGE jan/-