Telangana High Court

WP/27639/2005 of M/s. Swarna Enterprises, Vs The Commercial Tax Officer, on 27 December 2005

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SRI JUSTICE BILAL NAZKI AND THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No. 27639 OF 2005 27-12-2005 Between: M/s.Swarna Enterprises, Eluru Road, Vijayawada, rep. by its Partner. ………Petitioner And The Commercial Tax Officer, Governorpet, Vijayawada &

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THE HON’BLE SRI JUSTICE BILAL NAZKI

AND

THE HON’BLE SRI JUSTICE C.V.RAMULU

WRIT PETITION No. 27639 OF 2005

27-12-2005

Between:

M/s.Swarna Enterprises, Eluru Road, Vijayawada, rep. by itsPartner.

And

………Petitioner

The Commercial Tax Officer, Governorpet, Vijayawada & Others.

……..Respondents

THE HON’BLE SRI JUSTICE BILAL NAZKIAND

THE HON’BLE SRI JUSTICE C.V.RAMULU

WRIT PETITION No. 27639 OF 2005

ORDER:(Per Hon’ble Sri Bilal Nazki, J)

Heard learned Counsel for the parties. With their consent, theWrit Petition is being disposed of at this stage.

The controversy is that pending an appeal, application for staywas dismissed by the competent authority. We have gone throughthe record. We feel that the interest of justice would have been met ifstay was granted pending appeal, subject to deposit of half of thedisputed liability. Therefore, we set aside the order of the authorityand direct that half of the disputed tax liability shall be paid by thepetitioner within a period of four weeks. For four weeks, there shall bean unconditional stay and the stay shall continue till disposal of theappeal, provided the amount is deposited within four weeks. Thedeposit of amount shall be without prejudice to the rights of thepetitioner in the appeal.

Writ Petition is disposed of accordingly. No costs.

27[th] December 2005

________________

(BILAL NAZKI, J)

________________

(C.V. RAMULU, J)

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