IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WA.No. 1010 of 2008 --------------------- AGAINST THE ORDER IN WPC.12455/2008 Dated 25/04/2008 .................... APPELLANT/PETITIONER: --------------------------- KIRLOSKAR CONSTRUCTION AND ENGINEERS LIMITED HAVING A BRANCH OFFICE AT VEEJAY TOWERS, SALIM RAJAN ROAD, GANDHINAGAR, KOCHI-682 017, (FORMERLY ABAN CONSTRUCTIONS LTD.), (REP. BY ITS MANAGER (PROJECTS ACCOUNTS), SRI.N.GOPAKUMAR). BY ADV. SRI.A.KUMAR RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE COMMERCIAL TAX OFFICER, (AUDIT ASSESSMENT), OFFICE OF THE DY.COMMISSIONER (AA), DEPT. OF COMMERCIAL TAXES, ERNAKULAM. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. THE INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1010 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2011 JUDGMENT Ramachandra Menon, J. The appellant is stated to have been aggrieved by an order passed by the learned Single Judge dated 25.04.2008 in W.P.(C) No.12455 of 2008 whereby 50% of the disputed liability has been directed to be remitted so as to enjoy the benefit of interim stay. 2. When the matter came up for consideration before this Court, the impugned order was modified on 30.05.2008 observing that instead of 50%, the appellant could enjoy the benefit of interim stay on condition that the appellant satisfied a sum of `10 lakhs within one month, which is stated as complied with by the appellant. In the above circumstances, we find that nothing further requires to be considered in this appeal. W.A. No.1010 of 2008 -:2:- More so, since the writ petition is still pending. The appeal is closed accordingly. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb