IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 19-01-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.899 of 2011 Fomra & Co. Represented by its Partner Sudersan Fomra, (Old No.24) New No.47, NSC Bose Raod, Chennai-600 079. .. Petitioner. Versus 1.The Assistant Commissioner (CT), Rattan Bazaar Assessment Circel, First Floor, Kuralagam Annexe, Chennai-600 108. 2.The Appellate Deputy Commissioner (CT)-I, Vith Floor, Kuralagam Annexe, Chennai-600 108. .. Respondents. Prayer: Petition filed seeking for a Writ of Certiorarified Mandamus, quashing the proceedings of the second respondent in S.P.No.23/10 in VAT A.P.No.42/10 (2007-08), dated 16.12.2010 in so far as it directs the petitioners to furnish security for the penalty of Rs.15,76,376/- while directing the second respondent to re-dispose the stay application filed by the petitioners, on 30.11.2010. For Petitioner : Mr.N.Prasad for Mr.N.Inbarajan For Respondents : Mr.R.Mahadevan Additional Government Pleader O R D E R Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, appearing on behalf of the respondents. 2. By consent of both the parties, the writ petition is taken up for final hearing and disposal. https://hcservices.ecourts.gov.in/hcservices/ 3. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice if the order of the second respondent, dated 16.12.2010, made in S.P.No.23/10 in VAT A.P.No.42/10 (2007-08), is modified, permitting the petitioner to furnish a personal bond for the amount of Rs.15,76,376, levied as penalty, instead of furnishing security for the said amount. 4. The learned Additional Government Pleader appearing on behalf of the respondents has no objection for this Court passing such an order. 5. In view of the submissions made by the learned counsel appearing on behalf of the petitioner, as well as the respondents, the order of the second respondent, dated 16.12.2010, made in the stay application filed by the petitioner, on 30.11.2010, in S.P.No.23/10 in VAT A.P.No.42/10 (2007-08), is modified, permitting one of the partners of the petitioner firm to furnish a personal bond for the amount of Rs.15,76,376/-, levied as penalty, instead of furnishing security for the said amount, within a period of two weeks from today. The writ petition is ordered accordingly. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar csh To 1.The Assistant Commissioner (CT), Rattan Bazaar Assessment Circel, First Floor, Kuralagam Annexe, Chennai-600 108. 2.The Appellate Deputy Commissioner (CT)-I, Vith Floor, Kuralagam Annexe, Chennai-600 108. 1 cc To Mr.T.K.Sampath, Advocate, SR.3772 1 cc To The Government Pleader, SR.4064 Writ Petition No.899 of 2011 nsm(co) pmk.20.1.2011 https://hcservices.ecourts.gov.in/hcservices/