THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE C.Y.SOMAYAJULU W.P.No.5947 of 2008 ORDER: (Per BPR,J) Heard Sri B.Srinivas, learned counsel for the petitioner, and S ri A.V.Krishna Koundinya, learned Special Standing Counsel for Taxes who takes notice on behalf of the respondent. 2. The grievance of the petitioner is only with regard to the stay application filed before the first respondent has been kept pending without passing any orders though a regular appeal has been filed on the file of the second respondent. 3. It is stated that the stay application is posted to 25-03-2008. Having regard to the facts and circumstances of the case and the material placed before us, since the main appeal is pending consideration on merits, we are refrained to go into any other contentions urged on both sides and it will be suffice in the interest of justice to grant stay pending appeal before the second respondent. 4. Therefore, there shall be stay of collection of disputed tax pending disposal of the appeal subject to the petitioner depositing half of the disputed tax within a period of six weeks from today. The amount already paid shall be given credit to. The second respondent shall dispose of the appeal on merits and in accordance with law. 5. At this stage, the learned counsel for the petitioner states that the petitioner is prepared to pay Rs.20,00,000/- (Rupees Twenty lakhs only) by 24.03.2008, on payment of which the garnishee proceedings issued by the third respondent shall stand suspended pending disposal of the appeal subject to complying with the aforesaid condition of depositing the balance of the half of the disputed tax. 5. The writ petition is disposed of accordingly. No order as to costs. ------------------------- B.PRAKASH RAO, J --------------------------- C.Y.SOMAYAJULU, J Date: 18.03.2008 Note: Wire at party’s costs. B/o Cvrk/kvsn