Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE17H DAY OF JANUARY201427TH POUSHA, 1935 WP(C).No. 1689 of 2014 (I) ------------------------------------ PETITIONER(S): -------------------------- KERALA STATE CONSTRUCTION CORPORATION LTD. ADMINISTRATIVE OFFICE, III FLOOR, CARMEL CENTRE BANERJI ROAD, COCHIN - 682 018 REPRESENTED BY ITS MANAGING DIRECTOR BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SRI.SANDEEP GOPALAKRISHNAN RESPONDENT(S): ---------------------------- 1. UNION OF INDIA REPRESENTED BY ITS REVENUE SECRETARY MINISTRY OF FINANCE, NEW DELHI110004 2. THE COMMISSIONER OF CENTRAL EXCISE (APPEALS), CENTRAL REVENUE BUILDING I.S. PRESS ROAD, COCHIN - 682 018 3. THE JOINT COMMISSIONER OF CENTRAL EXCISE, COCHIN COMMISSIONERATE, CENTRAL REVENUE BUILDINGS, COCHIN - 682 018 4. THE SUPERINTENDENT OF CENTRAL EXCISE AND SERVICE TAX SERVICE TAX, SERVICE TAX A-RANGE, CENTRAL EXCISE BHAVAN, KATHRIKADAVU, COCHIN - 682 017 5. THE CENTRAL BOARD OF EXCISE AND CUSTOMS NORTH BLOCK, RASHTRAPATI BHAWAN DEFENCE HQ, NEW DELHI - 110 011 BY SRI.THOMAS MATHEW NELLIMOOTTIL, SC, CENTRAL BOARD OF EXCISE BY SRI. JOHN VARGHESE, SC, CENTRAL BOARD OF EXCISE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1701-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DCS WP(C).No. 1689 of 2014 (I) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1- COPY OF THE ORDER
IN ORIGINAL NO. 59/2008 (ST) DATED2410.2008 ISSUED TO THE PETITIONER BY THE ASSISTANT COMMISSIONER OF CENTRAL EXCISE EXT.P2 - COPY OF THE APPEAL NO. 19/ST/2009 DATED1202.2009 FILED BY THE PETITIONER BEFORE THE2D RESPONDENT EXT.P3 - COPY OF THE STAY PETITION DATED1202.2009 FILED BY THE PETITIONER BEFORE THE2D RESPONDENT EXT.P4- COPY OF THE ORDER
IN ORIGINAL NO. 10/2010 (ST) DATED3003.2010 ISSUED TO THE PETITIONER BY THE DEPUTY COMMISSIONER OF CENTRAL EXCISE EXT.P5 - COPY OF THE APPEAL NO. 191/ST/2010 DATED0207.2010 FILED BY THE PETITIONER BEFORE THE2D RESPONDENT EXT.P6 - COPY OF THE STAY PETITION DATED0207.2010 FILED BY THE PETITIONER BEFORE THE2D RESPONDENT EXT.P7- COPY OF THE ORDER
IN ORIGINAL NO. 34/2010 (ST) DATED3003.2010 ISSUED TO THE PETITIONER BY THE JOINT COMMISSIONER OF CENTRAL EXCISE EXT.P8 - COPY OF THE APPEAL NO. 192/ST/2010 DATED0207.2010 FILED BY THE PETITIONER BEFORE THE2D RESPONDENT EXT.P9 - COPY OF THE STAY PETITION DATED0207.2010 FILED BY THE PETITIONER BEFORE THE2D RESPONDENT EXT.P10 - COPY OF THE OFFICE COMMUNICATION NO. 12/2014 DATED IN2712.2013 ISSUED TO THE PETITIONER BY THE4H RESPONDENT RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS V.CHITAMBARESH,J.
------------------------------- W.P.(C) No. 1689 of 2014 ----------------------------------------- Dated this the 17th day of January, 2014
JUDGMENT
The petitioner has filed Exts.P2, P5 and P8 appeals against Exts.P1, P4 and P7 orders imposing liability. The appeals are accompanied by Exts.P3, P6 and P9 petitions for stay of recovery of the disputed amounts. The petitioner is aggrieved by the coercive steps in the meanwhile evidenced by Ext. P10 communication.
2. I direct the second respondent to consider Exts.P3, P6 and P9 petitions with notice to the petitioner within a period of three months. The coercive steps pursuant to Ext.P10 communication shall be put on hold in the meanwhile.
3. The petitioner shall produce a copy of the writ petition with the judgment before the second respondent for compliance. The writ petition is disposed of. V.CHITAMBARESH JUDGE DCS