IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 35175 of 2007(K)
1. M/S.NORTECH INFONET (P)LTD.,
... Petitioner
Vs
1. SALES TAX OFFICER, IIND CIRCLE,
... Respondent
2. DEPUTY COMMISSIONER OF COMMERCIAL TAXES
3. INSPECTING ASST. COMMISSIONER,
For Petitioner :SRI.ARIKKAT VIJAYAN MENON
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :28/11/2007
O R D E R
Antony Dominic, J.
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W.P.(C) No. 35175 of 2007
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Dated this the 28th day of November, 2007
JUDGMENT
By Ext.P5 order of the appellate authority, stay was granted on
condition of remittance and furnishing security for the balance. It was
ordered that the conditions should be complied with within one month from
the date of receipt of copy of the order. Admittedly, the time frame could
not be complied with and the amount was remitted on 19-8-2007. It is
submitted that this payment has been accepted by the respondents.
2. What remains is compliance with the condition of security for the
balance amount. The petitioner submits that though they are willing to
comply with the conditions, the respondents are not accepting the security
furnished and therefore he could not comply with the time frame. Since
the petitioner offers their willingness to comply with the condition imposed
by the appellate authority, the petitioner should be permitted to do so.
3. Taking into account the submissions made above, ten days’ is
granted to the petitioner to furnish the security by way of bank guarantee
for the balance amount mentioned in Ext.P5, in which case the 1st
respondent shall accept the same and treat it as in compliance with Ext.P5.
WPC 35175/07 2
4. It is made clear that in view of the above there is no question of
continuing Exts.P6 and P7 notices.
The writ petition is disposed of as above.
Antony Dominic,
Judge.
mn.