IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 18366 of 2008(J) -------------------------- PETITIONER: ------------------ M/S.SRI BALAJI AGENCIES, 36/2247, SHANKOORIKKAL BUILDINGS, OPPOSITE KALOOR BUS STAND, KOCHI-682 017, REP. BY ITS PROPRIETOR, SRI. T.JOHN ROSS. BY ADV. SMT. NALINI CHATHAMBARAM.(Sr.) BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS: --------------------- 1. ASST. COMMISSIONER, SPECIAL CIRCLE-I, COMMERCIAL TAXES, ERNAKULAM. 2. THE COMMISSIONER OF COMMERCAIL TAXES, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REP. BY THE SECRETARY (TAXES), GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. BY SPL. GOVT.PLEADER SRI. VINOD CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 18366/2008. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE ORDER DATED 4.9.2001 IN C.M.P. NO. 42555 IN O.P. NO.26215/2001. EXT. P2 : TRUE COPY OF THE STATEMENT SHOWING PAYMENT AND DETAILS OF BANK GUARANTEES FOR THE PERIOD OF 1.10.2001 TO 31.3.2002. EXT. P3 : TRUE COPY OF THE STATEMENT SHOWING PAYMENT AND DETAILS OF BANK GUARANTEES FOR THE PERIOD OF 1.4.2002 TO 1.3.2003. EXT. P4 : TRUE COPY OF THE STATEMENT SHOWING PAYMENT AND DETAILS OF BANK GUARANTEES FOR THE PERIOD OF1.4.2003 TO 31.3.2004. EXT. P5 : TRUE COPY OF THE STATEMENT SHOWING PAYMENT AND DETAILS OF BANK GUARANTEES FOR THE PERIOD OF 12.3.2004 TO 6.9.2004. EXT. P6 : TRUE COPY OF THE JUDGMENT DATED 6.2.2007 IN O.P. NO.26215/2001. EXT. P7 : TRUE COPYOF THE ORDER DATED 14.5.2008 OF THE FIRST RESPONDENT. EXT. P8 : TRUE COPY OF THE JUDGMENT OF THE SUPREME COURT DATED 27.7.2006. EX. P9 : TRUE COPY OF THE ORDER DATED 22.8.2007 IN CONTEMPT CASE (CIVIL) NO.1008/2007. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.18366 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2008 JUDGMENT The prayer in the writ petition is to quash Ext.P7 order. It seeks a direction to the first respondent to discharge the bank guarantee furnished in compliance with Ext.P1. Today, when the matter came up, learned Special Government Pleader for Taxes Sri. Vinod Chandran appeared and submitted that a decision has been taken to release the Bank Guarantee. I record the said submission. In order to enable the respondents to release the Bank Guarantee, I quash Ext.P7 and the writ petition is disposed of directing that the Bank Guarantee, the subject matter of Ext.P7, will be discharged as expeditiously as possible. (K.M. JOSEPH, JUDGE) sb