IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WA.No. 1624 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.24761/2011 Dated 26/09/2011 .................... APPELLANT(S): / PETITIONER -------------- M/S.RAINBOW COLOUR LAB, REPRESENTED BY AHAMMED MUSTHAFA THAYYIL AMBADY BUILDING, OPP. TELEPHONE EXCHANGE, T.B.ROAD, PALAKKAD DISTRICT. BY ADV. SRI.HARISH GOPINATH RESPONDENT(S): / RESPONDENTS --------------- 1. COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, CALICUT COMMISSIONERATE, CALICUT - 673 001. 2. CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL, SOUTH ZONAL BRANCH, K.G.ROAD, BANGALORE - 560 009. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC,CB EX FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag.CJ. & P.S.GOPINATHAN, J. .................................................................... W.A. No.1624 of 2011 .................................................................... Dated this the 31st day of October, 2011. J U D G M E N T Ramachandran Nair, Ag.CJ. Order of the Tribunal granting conditional stay on pre- deposit of Rs.7.5 lakhs was passed way back in May, 2011 and virtually the appellant has got six months' time from the date of the order. Therefore, we do not find any justification to interfere with the judgment of the learned Single Judge granting another one month's time, which expired on 26/10/2011. However, since the Writ Appeal has been filed, we grant time till 20/11/2011 to make payment failing which the respondents are free to proceed against the appellant treating the stay as expired. This Writ Appeal is dismissed. (C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE) (P.S.GOPINATHAN, JUDGE) jg