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Kerala High Court

M/S.Hindustan Dorr-Oliver Ltd vs The Commercial Tax Officer (Works ... on 3 March, 2011

Author: C.K.Abdul Rehim

Bench: C.K.Abdul Rehim

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6662 of 2011(G)



1. M/S.HINDUSTAN DORR-OLIVER LTD.
                      ...  Petitioner

                        Vs

1. THE COMMERCIAL TAX OFFICER (WORKS CONTRA
                       ...       Respondent

                For Petitioner  :SRI.ANIL D. NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :03/03/2011

 O R D E R
                   C.K.ABDUL REHIM, J.

                -------------------------------------------
                  W.P.(C).No.6662 of 2011
                -------------------------------------------

            Dated this the 3rd day of March, 2011


                        J U D G M E N T

----------------------

Aggrieved by Ext.P1 & P2 orders of assessment, the petitioner had preferred statutory appeals before the 2nd respondent as evidenced from Ext.P3 & P5. Ext.P4 & P6 are the stay petitions filed along with the appeals. It is submitted that the appeals as well as the stay petitions are pending consideration and disposal before the 2nd respondent. Grievance of the petitioner is that, without considering pendency of the appeals, coercive steps of recovery has now been initiated on issuing Ext.P7 demand notice under the Kerala Revenue Recovery Act, 1968.

2. Considering pendency of the statutory appeals I am of the view that the writ petition can be disposed of directing the appellate authority to expedite the matter.

3. The 2nd respondent is directed to consider and pass orders on Ext.P4 & P6 stay petitions, after affording an opportunity of hearing to the petitioner, as early as possible, W.P.(C).6662/11 -2- at any rate within a period of one month from the date of receipt of a copy of this judgment.

4. Till such time orders are passed by the 2nd respondent as directed above, recovery of amounts covered under Ext.P1 & P2 now initiated pursuant to Ext.P7 notice shall be kept in abeyance.

5. The petitioner will produce a copy of this judgment before the 2nd respondent.

C.K.ABDUL REHIM, JUDGE.

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