IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 2843 of 2010(E) ------------------------- PETITIONER(S): --------------- M/S. PROMPT TECHNOLOGIES, VYTTILA, KOCHI, REPRESENTE BY ITS MANAGING PARTNER TONY JOHN. BY ADV. SMT.S.K.DEVI SRI.M.RAJ MOHAN RESPONDENT(S): --------------- 1. THE INTELLIGENCE OFFICER, DEPT. OF COMMERCIAL TAXES, SQUAD NO. VI, ERNAKULAM. 2. THE DEPUTY COMMISSIONER(APPEALS) COMMERCIAL TAXES, ERNAKULAM. 3. THE MANAGER, FEDERAL BANK GIRINAGAR, KOCHI-20. GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 2843 of 2010 --------------------------------------- Dated, this the 29th day of January, 2010 J U D G M E N T The petitioner has already challenged Ext.P1 order imposing penalty upon the petitioner by filing Ext.P2 appeal, along with Ext.P3 petition for condoning the delay in filing the same and also accompanied by Ext.P4 petition for stay. The intervention sought for in the Writ Petition is because of the coercive proceedings stated as being pursued by the respondents without any regard to the pendency of the said proceedings to enforce the Bank guarantee furnished by the petitioner; which step, if permitted, will cause irreparable loss and injury to the petitioner, submits the learned counsel for the petitioner. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the 2nd respondent is directed to consider and pass appropriate orders on Ext.P3 petition to condone the delay in filing Ext.P2 appeal and also on Ext.P4 petition for stay, in accordance with law, as expeditiously as possible. However it is made clear that till such orders are passed on Ext.P3 and P4, the Bank Guarantee shall not be encashed or enforced. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc