M/S. Mulloor Chitty Fund vs The Inspecting Asst. … on 13 February, 2008

Kerala High Court
M/S. Mulloor Chitty Fund vs The Inspecting Asst. … on 13 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5129 of 2008(I)


1. M/S. MULLOOR CHITTY FUND,
                      ...  Petitioner

                        Vs



1. THE INSPECTING ASST. COMMISSIONER,
                       ...       Respondent

2. THE DEPUTY COMMISSIONER (APPEALS),

                For Petitioner  :SMT.S.K.DEVI

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :13/02/2008

 O R D E R
                              ANTONY DOMINIC, J.



                    = = = = = = = = = = = = = = = =

                         W.P.(C) No. 5129  OF 2008 I

                    = = = = = = = = = = = = = = = =



                    Dated this the  13 th  February, 2008



                                 J U D G M E N T

Against Exts. P1 to P4 orders imposing penalty on the

petitioner under Section 18D of the Kerala Money Lenders Act, the

petitioner has filed Exts. P5 to P8 appeals and those appeals are

pending consideration of the 2nd respondent. Although the

petitioner has filed Exts. P9 to P12 stay petitions along with the

appeals, the stay petitions also have not been heard by the 2nd

respondent. In the meanwhile petitioner apprehends that coercive

action will be taken for realising the penalty imposed and hence this

writ petition has been filed. Having regard to the pendency of the

appeals before the 2nd respondent, I feel that the 2nd respondent has

to decide the appeals on expeditious basis.

2. Accordingly, I direct the 2nd respondent to dispose of Exts.

P5 to P8 appeals as expeditiously as possible, at any rate within 6

weeks of production of a copy of this judgment. Before final orders

are passed, the petitioner should also be put on notice. In the

W.P.(C) No. 5129 OF 2008 -2-

meanwhile further proceedings for recovery of the amount due in

terms of Exts. P1 to P4 shall be kept in abeyance until orders are

passed in the appeals as above, on condition that the petitioner

remits 1/3rd of the amount due in terms of the penalty orders. The

amount shall be made within 2 weeks from today.

3. Writ petition is disposed of as above.

Petitioner shall produce a copy of this judgment before the 2nd

respondent for compliance.

ANTONY DOMINIC

JUDGE

jan/-

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes:

<a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

* Copy This Password *

* Type Or Paste Password Here *