IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WP(C).No. 14348 of 2007(G) -------------------------- PETITIONER: --------------- M/S.BOSCH CHASSIS SYSTEMS INDIA LIMITED, (FORMERLY KNOWN AS KALYANI BRAKES LTD.), NO.41/137,ROOM NO.3,AMMAN KOVIL ROAD, NEAR K.S.R.T.C.BUS STAND,ERNAKULAM,REP.BY ITS MANAGER,UNNIKRISHNAN,S/O.VIJAYAN MENON,AGED 37 YRS SREE CHITHIRA,PERINGANDOOR (P.O.),THRISSUR DIST. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: --------------- 1. THE DEPUTY COMMISSIONER (APPEALS), OFFICE OF THE DEPUTY COMMISSIONER OF SALES TAX, ERNAKULAM. 2. THE ASSISTANT COMMISSIONER, SPECIAL CIRCLE-II,ERNAKULAM. 3. THE INSPECTING ASST.COMMISSIONER, COMMERCIAL TAX,ERNAKULAM. BY GOVT.PLEADER SRI K.D.PRADEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.14348/2007 APPENDIX PETITIONER'S EXTS; EXT.P1 TRUE COPY OF ASSESSMENT ORDER DTD. 27/6/2006 FOR THE ASSESSMENT YEAR 2003-04 ISSUED BY THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE FILED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 22/2/2007. EXT.P3 TRUE COPY OF THE R.R.NOTICE DTD. 12/1/07 ISSUED BY THE 3RD RESPONDENT. HARUN-UL-RASHID,J. --------------------------- W.P.(C)NO.14348 OF 2007 ---------------------------- DATED THIS THE 15TH DAY OF JANUARY, 2009 JUDGMENT This Court passed an interim order staying the recovery proceedings pursuant to Ext.P3 notice on condition of payment of Rs.35,000/- within a period of one month. The prayer made in this writ petition is to quash Ext.P3 notice and to direct the lst respondent to consider Ext.P2 appeal forthwith. 2. In view of the interim order passed, the lst respondent is directed to consider and dispose of Ext.P2 appeal on merits within a period of 3 months from the date of receipt of a copy of this judgment. The petitioner shall produce the copy of this judgment before the lst respondent within 15 days from today. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.