Dismissed

George.C.Mutholy v. the Intelligence Officer & Others

Kerala HC8 Jan 2009WP(C)/281/2009

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a stay on recovery proceedings pending the disposal of his second appeal at the Commercial Tax Appellate Tribunal. The Court dismissed the petition, holding that the petitioner failed to comply with the Tribunal's interim stay order which conditioned the stay on remitting the assessed amount. In such circumstances, the Court declined to interfere, direc

What did the court decide?

Writ petition dismissed as the petitioner failed to comply with the Tribunal's interim order conditioning stay on remittance of the amount.

George.C.Mutholy Vs the Intelligence Officer & Others — Banking and Recovery | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.M.JOSEPH

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THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930

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WP(C).No. 281 of 2009(H)

PETITIONER(S):

GEORGE.C.MUTHOLY, PROPRIETOR, NATIONAL TRADERS, RUBBER TRADERS, ELIKKULAM, KOTTAYAM DISTRICT.

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BY ADV. SRI.BOBBY JOHN SRI.P.N.DAMODARAN NAMBOODIRI

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RESPONDENT(S):

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THE INTELLIGENCE OFFICER, COMMERCIAL TAXES, THALASSERY.

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THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KANNUR.

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THE KERALA STATE SALES TAX APPELLATE TRIBUNAL, ADDITIONAL BENCH, KOZHIKODE.

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THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PALA.

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BY GOVERNMENT PLEADER ADV.SRI.C.K.GOVINDAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.M. JOSEPH, J.

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W.P.(C) No. 281 OF 2009 H

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Dated this the 8^th day of January, 2009

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J U D G M E N T

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Prayer in the writ petition is as follows:

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“ To issue a writ in the nature of mandamus or any other appropriate writ or order directing the 1^st respondent to keep in abeyance all further recovery proceedings pursuant to Ext.P1 order till the disposal of Ext.P3 appeal.”

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Petitioner preferred a second appeal in which an

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interim order was passed which is not produced along with the writ petition. The interim order is dated 9.12.2008. As per which, stay was granted on condition that the petitioner remits Rs.6 lakhs. According to the petitioner, the petitioner was unable to pay the money. Accordingly, he requested the Tribunal to take up the appeal itself and the Tribunal took the appeal for final hearing on 29.12.2008. It is further contended that, on 29.12.2008, the appeal was fully heard and reserved for orders. In the meantime, recovery steps are taken and the petitioner accordingly seeks the

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WPC.281/09

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: 2 :

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prayer which I have already quoted.

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I heard learned counsel for the petitioner and learned Government Pleader. Learned counsel for the petitioner would submit that this is a case where there is no liability as the petitioner is the last purchaser and the petitioner has produced Form 25 declaration also.

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Having heard the case, I would think that there is no need for this court to entertain this writ petition. This is a case where there is an order of stay granted by the Tribunal. Admittedly, the petitioner has failed to comply with the order. The petitioner made a request for hearing and the Tribunal heard the appeal and reserved it for orders. If, in the meantime, recovery steps are taken, I do not think this court to interfere with the matter. It is open to the petitioner to bring it to the notice of the Tribunal and seek appropriate relief. Without prejudice to such right, the writ petition is dismissed.

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Sd/- (K.M.JOSEPH, JUDGE)

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aks

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// TRUE COPY //

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P.A. TO JUDGE

George.C.Mutholy v. the Intelligence Officer & Others

Case brief

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George.C.Mutholy v. the Intelligence Officer & Others

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