IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1704 of 2010()
1. THE CANNANORE CO-OPERATIVE SPINNING
... Petitioner
Vs
1. THE COMMISSIIONER OF CENTRAL EXCISE
... Respondent
2. THE ASSISTANT COMMISSIONER(PREVENTIVE)
3. THE SUPERINTENDENT OF CENTRAL EXCISE,
For Petitioner :SRI.T.M.SREEDHARAN
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :08/10/2010
O R D E R
J.Chelameswar, C.J. & P.R.Ramachandra Menon, J.
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W.A. No. 1704 of 2010
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Dated this the 8th day of October, 2010
JUDGMENT
Ramachandra Menon, J.
The appellant/petitioner approached this Court disputing
the liability to satisfy ‘interest’, to the tune of `3,48,802/- as
claimed in Ext.P2 notice, raising many a contention. The writ
petition was admitted and an interim order of stay was granted by
the learned Single Judge. Thereafter, the respondents filed a
counter affidavit and an application to vacate the interim order,
pointing out the merits involved. The matter was considered by the
learned Single Judge who passed the impugned order dated 1st June,
2010 observing that the circumstances did not necessitate to have the
interim order extended any further. It is against the said order that
the appellant has filed the present writ appeal.
2. The only contention of the appellant appears to be
that, the appellant/petitioner is entitled to have the benefit of
W.A.No.1704 of 2010
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interim stay, till the writ petition is finally heard and disposed of.
Absolutely nothing has been stated in the writ appeal with regard to
the merits involved or as to the eligibility of the appellant to have
sustained the plea with regard to payment of interest. We do not
find any illegality or impropriety in the order passed and impugned
in the writ appeal.
Interference is declined and the writ appeal is dismissed.
J.Chelameswar,
Chief Justice
P.R.Ramachandra Menon,
Judge
vns