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High Court of KeralaWP(C)/23838/2015disposed of

M/S. Popular Finance v. State Of Kerala

2015-08-06Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 6TH DAY OF AUGUST 2015/15TH SRAVANA, 1937 PETITIONER(S) :

------------------------- M/S.POPULAR FINANCE, A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT POPULAR TOWERS, VAKAYAR P.O., KONNI, PATHANAMTHITTA - 689 698, REPRESENTED BY ITS MANAGING PARTNER SRI.THOMAS DANIEL. BY ADVS.SRI.ASWIN GOPAKUMAR SRI.ANWIN GOPAKUMAR SRI.ARJUN RADHAKRISHNAN NAIR RESPONDENT(S) :

----------------------------

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY (TAXES), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM, KAKKANAD - 682 030.

3. THE INSPECTING ASSISTANT COMMISSIONER OF COMMERCIAL TAXES, ERNAKULAM, KAKKANAD - 682 030.

BY SR.GOVERNMENT PLEADER SMT.SHOBA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXHIBIT P1:

A TRUE COPY OF ORDER NO.KML 32070664416/12-13 DATED 25.03.2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2:

A TRUE COPY OF ORDER NO.KML 32070661042/12-13 DATED 25.03.2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3:

A TRUE COPY OF ORDER NO.KML 32070602013/2012-13 DATED 25.03.2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4:

A TRUE COPY OF ORDER NO.KML 32070657497/12-13 DATED 25.03.2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P5:

A TRUE COPY OF ORDER NO.KML 32070678535/2012-13 DATED 25.03.2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P6:

A TRUE COPY OF ORDER NO.KML 32070627382/12-13 DATED 25.03.2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P7:

A TRUE COPY OF ORDER NO.KML 32070628361/2012-13 DATED 25.03.2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P8:

A TRUE COPY OF THE APPEAL AGAINST ORDER NO.KML 32070664416/12-13 FILED BY THE PETITIONER DATED 06.04.2015.

EXHIBIT P9:

A TRUE COPY OF THE APPEAL AGAINST ORDER NO.KML 32070661042/12-13 FILED BY THE PETITIONER DATED 06.04.2015.

EXHIBIT P10: A TRUE COPY OF THE APPEAL AGAINST ORDER NO.KML 32070602013/12-13 FILED BY THE PETITIONER DATED 06.04.2015.

EXHIBIT P11: A TRUE COPY OF THE APPEAL AGAINST ORDER NO.KML 32070657497/12-13 FILED BY THE PETITIONER DATED 06.04.2015.

EXHIBIT P12: A TRUE COPY OF THE APPEAL AGAINST ORDER NO.KML 32070678535/12-13 FILED BY THE PETITIONER DATED 06.04.2015.

EXHIBIT P13: A TRUE COPY OF THE APPEAL AGAINST ORDER NO.KML 32070627382/12-13 FILED BY THE PETITIONER DATED 06.04.2015.

EXHIBIT P14: A TRUE COPY OF THE APPEAL AGAINST ORDER NO.KML 32070628361/12-13 FILED BY THE PETITIONER DATED 06.04.2015.

EXHIBIT P15: A TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR URGENT POSTING FILED WITH APPEAL.

EXHIBIT P16: A TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR URGENT POSTING FILED WITH APPEAL.

EXHIBIT P17: A TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR URGENT POSTING FILED WITH APPEAL.

EXHIBIT P18: A TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR URGENT POSTING FILED WITH APPEAL.

EXHIBIT P19: A TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR URGENT POSTING FILED WITH APPEAL.

EXHIBIT P20: A TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR URGENT POSTING FILED WITH APPEAL.

EXHIBIT P21: A TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR URGENT POSTING FILED WITH APPEAL.

EXHIBIT P22: A TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR STAY FILED WITH APPEAL.

EXHIBIT P23: A TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR STAY FILED WITH APPEAL.

EXHIBIT P24: A TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR STAY FILED WITH APPEAL.

EXHIBIT P25: A TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR STAY FILED WITH APPEAL.

EXHIBIT P26: A TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR STAY FILED WITH APPEAL.

EXHIBIT P27: A TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR STAY FILED WITH APPEAL AGAINST KML.32076627382/12-13. EXHIBIT P28: A TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR STAY FILED WITH APPEAL.

EXHIBIT P29: A TRUE COPY OF THE NOTICES OF DEMAND NO.32070664416/ 12-13 DATED 25.07.2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P30: A TRUE COPY OF THE NOTICES OF DEMAND NO.32070661042/ 12-13 DATED 25.07.2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P31: A TRUE COPY OF THE NOTICES OF DEMAND NO.32070602013/ 12-13 DATED 25.07.2015 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P32: A TRUE COPY OF THE NOTICES OF DEMAND NO.32070657497/ 12-13 DATED 25.07.2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P33: A TRUE COPY OF THE NOTICES OF DEMAND NO.32070678535/ 12-13 DATED 25.07.2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P34: A TRUE COPY OF THE NOTICES OF DEMAND NO.32070627382/ 12-13 DATED 25.07.2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P35: A TRUE COPY OF THE NOTICES OF DEMAND NO.32070628361/ 12-13 DATED 25.07.2015 ISSUED BY THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 23838 of 2015 ------------------------------------------- Dated this the 6th day of August, 2015

J U D G M E N T

The petitioner challenging the demand for furnishing additional security under the Kerala Money Lenders Act, has preferred an appeal along with an application for stay before the 2nd respondent.

2.

In view of the above, the appellate authority is directed to consider the application for stay within six weeks after notice to the petitioner. Till such time, the revenue recovery proceedings shall be deferred.

This writ petition is disposed of.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.

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