IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 9739 of 2011(N) ------------------------------------- PETITIONER: ------------------- CHEERS BAR AND STEP IN RESTAURANT HOTEL, ANTONY'S TOWER, PATHANAPURAM, KOLLAM DISTRICT, PIN-689 695, REPRESENTED BY ITS MANAGING PARTNER ANTONY ABRAHAM. BY ADV. SRI.S.ANIL KUMAR (TRIVANDRUM). RESPONDENTS: ------------------------ 1. INTELLIGENCE OFFICER, SQUAD NO.II, COMMERCIAL TAXES, KOLLAM AT KOTTARAKKARA, KOLLAM DISTRICT, PIN-691 506. 2. THE ASSISTANT COMMISSIONER, COMMERCIAL TAXES, SPECIAL CIRCLE, KOLLAM-691 013. 3. THE DY.COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOLLAM-691 009. 4. THE MANAGER, STATE BANK OF TRAVANCORE, PATHANAPURAM, KOLLAM DISTRICT, PIN-689 695. R1 TO R3 BY GOVT. PLEADER SRI. V.K. SHAMSUDHEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 9739 of 2011 --------------------------------- Dated this the 28th day of March, 2011 JUDGMENT Aggrieved by Ext.P1 order imposing penalty, which is revised through Ext.P3, the petitioner had preferred Ext.P4 appeal before the 3rd respondent. Ext.P5 is the stay petition and Ext.P6 is an early hearing petition filed along with the appeal. During pendency of the appeal, recovery steps has been initiated on the basis of Ext.P7 prohibitory order issued to the Bank, demanding the amount. Hence the petitioner seeks an early disposal of the appeal and till then to restrain recovery steps. 2. The amounts outstanding payment is covered through a Bank Guarantee furnished by the petitioner. The 3rd respondent is directed to dispose of the appeal after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. 4. Till such time the appeal is disposed of by the 3rd respondent as directed above, realisation of the Bank Guarantee WP(C).9739/2011 2 shall be kept in abeyance , subject to condition of the petitioner keeping the Bank Guarantee renewed till such time. The petitioner will produce a copy of this judgment before the 3rd respondent. C.K.ABDUL REHIM,JUDGE pmn/ WP(C).9739/2011 3 C.K.ABDUL REHIM,JUDGE pmn/