Kerala High Court
Marikar (Motors) Ltd vs State Of Kerala on 18 March, 2011
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8647 of 2011(E)
1. MARIKAR (MOTORS) LTD., MARIKAR BUILDING,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. ASSISTANT COMMISSIONER, COMMERCIAL
3. INSPECTING ASSISTANT COMMISSIONER &
4. THE COMMERCIAL TAX OFFICER,
For Petitioner :SRI.P.FAZIL
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/03/2011
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.8647 OF 2011(E)
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Dated this the 18th day of March, 2011
J U D G M E N T
Aggrieved by Exts.P3 and P7 appellate order passed by the Deputy Commissioner(appeals) the petitioner has filed Exts.P4 and P8 appeals before the Appellate Tribunal. Along with the appeals, the petitioner has also filed Exts.P10 and P11 stay petitions. While the matter is thus pending, Ext.P9 demand notice has been issued and that lead the petitioner to file this writ petition.
2. As at present in view of the pendency of the appeals and the stay petitions I feel that the recovery proceedings should be kept in abeyance until the stay petition is considered by the Tribunal Therefore I direct that the Appellate Tribunal before which Exts.P10 and P11 stay petitions are pending, shall consider and pass orders on the stay petitions with notice to the petitioner. This shall be done at any rate within 6 weeks from the date of production of a copy of the judgment along with a copy of this writ petition. In the meanwhile further proceedings pursuant to Ext.P9 will be kept in abeyance.
Writ petition is disposed of as above.
vi ANTONY DOMINIC, JUDGE
WPC.No. /09
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