IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 10318 of 2009(H) -------------------------- PETITIONER(S): --------------- KUMARAKOM LAKE RESORT PVT.LTD., PALLICHIRA, KUMARAKOM NORTH, KOTTAYAM REPRESENTED BY ITS DIRECTOR, SRI.P.P.JOY. BY ADV. SRI.S.ANIL KUMAR (TRIVANDRUM) RESPONDENT(S): --------------- 1. COMMERCIAL TAX OFFICER (WC & LT), OFFICE OF THE DY.COMMISSIONER, KOTTAYAM. 2. THE DY.COMMISSIONER (APPEALS), KOTTAYAM. 3. THE KERALA SALES TAX APPELLATE TRIBUNAL, ADDL.BENCH, KOTTAYAM. 4. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, KOTTAYAM. BY GOVERNMENT PLEADER MR.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.3.2009, THE COURT ON 30/03/2009 DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 10318 OF 2009 H ```````````````````````````````````````````````````` Dated this the 30th day of March, 2009 J U D G M E N T I heard learned counsel for the petitioner and learned Government Pleader. 2. Petitioner challenges Ext.P10 which is the order passed by the Appellate Tribunal rejecting the application for stay. According to the petitioner, the issue is pending before a Division Bench of this court. Learned Government Pleader also does not dispute that the matter is pending before a Division Bench of this Court. 3. Having regard to the facts, I feel that the petitioner can be granted stay on condition that the petitioner remits Rs.24 lakhs of which the petitioner must pay Rs.12 lakhs within two weeks from today and the balance to be paid within one month from today and the petitioner must also furnish security for the balance amount within one month. 0O1rdered accordingly. Writ petition is disposed of as above. (K.M.JOSEPH, JUDGE) aks