IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 W.P(C).No. 8962 of 2008(P) --------------------------------- PETITIONER: ------------- THE STATE TRADING CORPORATION OF INDIA LTD, POST BOX NO.1019, PERUMBILLIL BUILDINGS, M.G.ROAD, ERNAKULAM, 682 011, REPRESENTED BY C.K.JOSEPH, SUB MANAGER. BY ADV. DR.K.B.MUHAMED KUTTY (SR.) SRI.K.M.FIROZ RESPONDENTS: ----------------- 1. THE COMMERCIAL TAX OFFICER, (AA), COMMERCIAL TAX OFFICE, THIRD CIRCLE, ERNAKULAM. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM, KOCHI-30. KAKKANAD. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 8962 OF 2008 P ==================== Dated this the 17th day of March, 2008 J U D G M E N T Writ petition has been challenged following the receipt of Ext.P10 demand notice. Ext.P1 order of assessment was challenged in appeal before the 2nd respondent, who passed Ext.P2 conditional order of stay, which has been complied with by the petitioner as per Exts. P4 and P5. Still later, following Ext.P6, P7 revised order of assessment was issued. Against Ext.P7, petitioner has filed Ext.P8 appeal along with Ext.P9 stay petition pending before the 2nd respondent. 2. During the pendency of the appeal and stay petition as above, recovery proceedings have been initiated by Ext.P10 and hence this writ petition. From the above, it is evident that the petitioner has already complied with Ext.P2 stay order by furnishing Exts. P4 and P5. 3. In view of the above, I direct that the 2nd respondent shall consider and dispose of STA 1335/06 and Ext.P8 appeal. This shall be done, as expeditiously as possible, at any rate within six weeks of production of a copy of this judgment. In the meantime, Bank guarantee WPC 8962/08 :2 : furnished shall be kept alive and subject to above, further proceedings pursuant to Ext.P10 will stand stayed till the disposal of the appeal. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp