High Court Kerala High Court

Gurjar &Co. vs The Assistant Commissioner on 1 July, 2010

Kerala High Court
Gurjar &Co. vs The Assistant Commissioner on 1 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20435 of 2010(D)


1. GURJAR &CO., KOYASSAN KOYA ROAD,
                      ...  Petitioner

                        Vs



1. THE ASSISTANT COMMISSIONER,
                       ...       Respondent

2. THE SALES TAX OFFICER (RECOVERY)

                For Petitioner  :SRI.K.PRAVEEN KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :01/07/2010

 O R D E R
                    P.R. RAMACHANDRA MENON, J.
              ..............................................................................
                       W.P.(C) No. 20435 OF 2010
               .........................................................................
                         Dated this the 1st July , 2010

                                    J U D G M E N T

The petitioner has approached this Court with the

following prayers:

“a) Issue a writ of certiorari calling for the

records leading to Ext. P1 and P2 and quash

the original of the same

b) To declare that the Respondents cannot

impose penalty on the petiitoner without

affording an opportunity of being heard to her.

c) writ of mandamus or any appropriate writ

order or direction, directing the Respondents

to grant installment facility to the petitioner to

clear the alleged arrears;

d) to grant such other reliefs prayed for

from time to time including cost of these

proceedings.”

2. The learned Counsel for the petitioner submits that the

reliefs sought for in the Writ Petition stand confined to prayer

sought for under (c) so as to enable the petitioner to clear the

liability by way of reasonable installments.

W.P.(C) No. 20435 OF 2010

2

3. Heard the learned Government Pleader as well.

4. Considering the quantum of outstanding liability

(shown in Ext.P2), the petitioner is permitted to clear the same

by way of ‘five’ equal monthly installments, the first of which

shall be cleared on or before 30.07.2010 to be followed by

similar installments to be effected on or before the 30th of fhe

succeeding months. It is made clear that if any default is

committed by the petitioner in effecting the installments as

above, the respondent Bank will be at liberty to proceed with

further steps for realisation of the amount in a lump sum from

the stage where it stands now.

The Writ Petition is disposed of.

P.R. RAMACHANDRA MENON,
JUDGE.

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