IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 WA.No. 1704 of 2010 ------------------------ AGAINST THE ORDER IN WPC.34054/2009 Dated 01/06/2010 .................... APPELLANT/PETITIONER -------------------------- THE CANNANORE CO-OPERATIVE SPINNING MILLS LTD., PO CHOVVA,KANNUR-670 006,REP.BY ITS MANAGING DIRECTOR,SHRI M.C.SANKARAN. BY ADV. SRI.T.M.SREEDHARAN RESPONDENTS/RESPONDENTS ---------------------------------- 1. THE COMMISSIIONER OF CENTRAL EXCISE AND CUSTOMS, COMMISSIOINERATE,CR BUILDING, MANANCHIRA,CALICUT-1. 2. THE ASSISTANT COMMISSIONER(PREVENTIVE) OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, C.R.BUILDING,MANANCHIRA,CALICUT-1. 3. THE SUPERINTENDENT OF CENTRAL EXCISE, KANNUR RANGE,KUZHIKUNNU,KANNUR. BY ADV.SRI.TOJAN J. VATHIKULAM THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. No. 1704 of 2010 ------------------------------------------ Dated this the 8th day of October, 2010 JUDGMENT Ramachandra Menon, J. The appellant/petitioner approached this Court disputing the liability to satisfy 'interest', to the tune of `3,48,802/- as claimed in Ext.P2 notice, raising many a contention. The writ petition was admitted and an interim order of stay was granted by the learned Single Judge. Thereafter, the respondents filed a counter affidavit and an application to vacate the interim order, pointing out the merits involved. The matter was considered by the learned Single Judge who passed the impugned order dated 1st June, 2010 observing that the circumstances did not necessitate to have the interim order extended any further. It is against the said order that the appellant has filed the present writ appeal. 2. The only contention of the appellant appears to be that, the appellant/petitioner is entitled to have the benefit of W.A.No.1704 of 2010 - 2 - interim stay, till the writ petition is finally heard and disposed of. Absolutely nothing has been stated in the writ appeal with regard to the merits involved or as to the eligibility of the appellant to have sustained the plea with regard to payment of interest. We do not find any illegality or impropriety in the order passed and impugned in the writ appeal. Interference is declined and the writ appeal is dismissed. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns