IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 28662 of 2009(C) -------------------------- PETITIONER(S): --------------- M/S.ABAD HOTELS INDIA (P) LTD., M.G.ROAD, ERNAKULAM REPRESENTED BY ITS MANAGING DIRECTOR, RIYAS AHAMMED. BY ADV. SMT.S.K.DEVI SRI.SANTHOSH P.ABRAHAM SRI.FRANKUR D.JAYAN RESPONDENT(S): --------------- 1. THE ASST.COMMISSIONER (ASSMT.) COMMERCIAL TAXES, SPL.CIRCLE II, ERNAKULAM. 2. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, ERNAKULAM. 3. THE INSPECTING ASST.COMMISSIONER COMMERCIAL TAXES, ERNAKULAM, KOCHI-30. GOVT. PLEADER K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.28662 of 2009 ================== Dated this the 13th day of October, 2009 J U D G M E N T The petitioner challenges Ext.P6 order passed by the 2nd respondent in the stay petition filed by the petitioner in the appeal against Ext.P2 order under the Kerala Value Added Tax Act. The petitioner submits that the petitioner has a very good case on merits and therefore, the 2nd respondent ought to have granted an absolute stay instead of directing the petitioner to pay a sum of Rs.8,50,000/-. 2. I have heard the learned Government Pleader also, who stoutly opposes the prayer and submits that the disputed tax is Rs.19,92,979/-. 3. After hearing both sides, I do not find any error in jurisdiction in passing Ext.P6 order. The 2nd respondent has only directed the petitioner to pay a portion of the disputed tax. The learned counsel for the petitioner submits that the petitioner may be given some more time to pay the amount as directed in Ext.P6. If the petitioner pays the amount as directed in Ext.P6 within three weeks from today, it would be accepted as paid as per the direction in Ext.P6. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2