M/S. Whirlpool Of India Ltd v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 RP.No. 791 of 2015 ---------------------------------- AGAINST THE JUDGMENT IN W.P.(C).NO.26144 OF 2015, DATED 21-08-2015 ------------------ REVIEW PETITIONER(S)/PETITIONER:
-------------------------------------------------------------- M/S. WHIRLPOOL OF INDIA LTD., NO.XV III/10A, ST.JOSEPH MINOR SEMINARY, COCHIN UNIVERSITY P.O., S.KALAMASSERRY-682 022, REPRESENTED BY IT'S BRANCH COMMERCIAL MANAGER MR.ASHOK.P. BY ADV. SMT.K.LATHA RESPONDENT(S)/RESPONDENTS :
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1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM.
2. ASST.COMMISSIONER (ASSMT), KVAT SPECIAL CIRCLE-II, COMMERCIAL TAXES, ERNAKULAM- 682 017.
3. THE INSPECTING ASST.COMMISSIONER, COMMERCIAL TAXES, KAKKANAD, ERNAKULAM-682 032. BY GOVERNMENT PLEADER SRI.SUDHEESH KUMAR THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A.MUHAMED MUSTAQUE, J.
---------------------------------------- R.P.NO.791 OF 2015 in W.P(C)No. 26144 of 2015 P ---------------------------------------- Dated this the 28th day of September, 2015
O R D E R
The review petitioner is seeking review of the judgment pointing out that this Court did not direct the authority to consider the question of plea of limitation. In fact, this Court did not direct the authority to consider the issue of limitation for the reason that in the earlier round of litigation, challenging notices, in WP(C) No.24148 of 2014 and connected matter, it is recorded that the petitioner will not raise the plea of limitation.
2. Learned counsel for the petitioner submits that that was taking note of the assurance that proceedings will be completed within two months. Therefore, the question of plea of limitation shall be considered afresh. This Court is of the view that in such cases, the petitioner shall approach the court which rendered judgment in WP (C) No.24148 of 2014 and connected matter and not in this writ
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petition. Therefore, I find no merit in this review petition and accordingly, the same is dismissed.
A.MUHAMED MUSTAQUE, Judge MBS/
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