High Court Kerala High Court

M/S.Kochi Refineries Ltd. vs Assistant Commissioner on 16 February, 2010

Kerala High Court
M/S.Kochi Refineries Ltd. vs Assistant Commissioner on 16 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4885 of 2010(I)


1. M/S.KOCHI REFINERIES LTD., AMBALAMUGAL,
                      ...  Petitioner

                        Vs



1. ASSISTANT COMMISSIONER,
                       ...       Respondent

2. DEPUTY COMMISSIONER (APPEALS),

3. INSPECTING ASSISTANT COMMISSIONER

4. INDIAN OIL CORPORATION LTD.,

                For Petitioner  :SRI.V.V.ASOKAN

                For Respondent  : No Appearance

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

 Dated :16/02/2010

 O R D E R
                 P.R. RAMACHANDRA MENON, J.
                   -----------------------------------------------
                           WP(C) No. 4885 of 2010
                        ---------------------------------------
                Dated, this the 16th day of February, 2010


                                J U D G M E N T

Challenging Exts.P1 to P4 assessment orders passed under the KGST

Act as well as the CST Act respectively, the petitioner has preferred Exts.P5,

P6, P7 and P8 appeals along with Ext.P5(a), P6(a), P7(a) and P8(a)

applications for stay. The petitioner is stated as constrained to approach this

Court because of the coercive proceedings being pursued by the 3rd

respondent as borne by Exts.P9 and P9 (a) and also as per Exts.P9(d)

garnishee notice issued on the 4th respondent.

2. Heard the learned Government Pleader as well.

3. Considering the facts and circumstances, the 2nd respondent is

directed to consider and pass appropriate orders on Exts.P5(a), P6(a), P7(a)

and P8(a) petitions for stay, in accordance with law, as expeditiously as

possible, at any rate, within one month from the date of receipt of a copy of

this judgment. It is made clear that till such appropriate orders are passed

thereon, all further proceedings pursuant to Ext.P9 series shall be kept in

abeyance.

The Writ Petition is disposed of accordingly.

P. R. RAMACHANDRA MENON
JUDGE
dnc