M/S.Divya Export Enterprises vs Bank Of Baroda on 27 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1611 of 2010()


1. M/S.DIVYA EXPORT ENTERPRISES
                      ...  Petitioner
2. G.GOPALAKRISHNA PILLAI, PROPRIETOR,

                        Vs



1. BANK OF BARODA, REPRESENTED BY THE
                       ...       Respondent

2. THE RECOVERY OFFICER, DEBT RECOVERY

3. THE ASSISTANT COMMISSIONER(ASSESSMENT)

                For Petitioner  :SRI.GEORGE JACOB (JOSE)

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :27/09/2010

 O R D E R
                 C .N. RAMACHANDRAN NAIR, &
                    K. SURENDRA MOHAN, JJ.
                 --------------------------------------------
                       W. A. No. 1611 of 2010
                 --------------------------------------------
              Dated this the 27th day of September, 2010

                               JUDGMENT

Ramachandran Nair, J.

Appellant’s counsel seeks permission to withdraw the Writ

Appeal. Government Pleader submitted that observation in the

judgment of the learned single Judge that there is no tax arrears may

not be correct because many assessments closed as time-barred by the

Officer may be reopened as the Officer was unaware of the

amendments. We do not think there is any need for us to consider or

decide any of the issues raised by the Government Pleader because

appellant is free to withdraw the Writ Appeal. Accordingly Writ

Appeal is dismissed as withdrawn leaving freedom to the third

respondent to move the learned single Judge for modification of the

judgment or to file review petition if the facts stated in the judgment

are incorrect.

(C.N.RAMACHANDRAN NAIR)
Judge.

                                               (K. SURENDRA MOHAN)
kk                                                           Judge.

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