Blr Logistics (I) Limited vs. Assistant State Tax Officer, Surveillance Squad No.1, Kasaragod - Kerala High Court, 20 June 2019

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI THURSDAY, THE 20TH DAY OF JUNE 2019 / 30TH JYAISHTA, 1941 WP(C).No.16819 of 2019 PETITIONER/S: BLR LOGISTICS (I) LIMITED D- 201/202, LOTUS CORPORATE PARK JAY COACH NAKA, W.E. HIGHWAY GOREGAON EAT MUMBAI 400063, REPRESENTED BY ITS DIRECTOR MOHAN MENGHANI. BY ADVS. SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.M.RAJAGOPAL RESPONDENT/S: 1 ASSISTANT STATE TAX OFFICER, SURVEILLANCE SQUAD NO.1, KASARAGOD SURVEILLANCE SQUAD NO. 1, KASARAGOD 671 121. 2 THE STATE TAX OFFICER, MOBILE SQUAD NO.1 KASARAGOD 671 121. 3 THE DEPUTY COMMISSIONER APPEALS, STATE GOODS AND SERVICES TAX DEPARTMENT, NIRMAL ARCADE, ERANHIPALAM, KOZHIKODE 673 006 4 THE BRANCH MANAGER, ICICI BANK LIMITED, TRANS TRADE CENTRE, MIDC, NEAR SEEPZ, ANDHERI (E) MUMBAI 400093 OTHER PRESENT: GP. DR. THUSHARA JAMES., SRI. LAL JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 16819/2019 -2-

J U D G M E N T Heard Sri S. Anil Kumar, for the petitioner and Dr.Thushara James, the learned Government Pleader.

The petitioner prays for a direction to the third respondent to consider and dispose of Ext.P9 stay petition expeditiously.

Having regard to the circumstances of the case, the writ petition is disposed of directing the third respondent to consider and dispose of Ext.P9 stay petition as expeditiously as possible, preferably within two months from the date of receipt of a copy of this judgment. Stay of encashment of Bank Guarantee already furnished by the petitioner is granted till the stay petition is disposed of. S.V.BHATTI JUDGE jjj

W.P.(C) No. 16819/2019 -3- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A COPY OF THE INVOICE DATED 22.10.2018 EXHIBIT P2 A COPY OF THE STATEMENT DATED 24.10.2018 OF THE DRIVER IN MOV.1 EXHIBIT P3 A COPY OF THE ORDER DATED 24.10.2018 IN MOV-2 EXHIBIT P4 A COPY OF THE ORDER OF DETENTION DATED 24.10.2018 EXHIBIT P5 A COPY OF NOTICE DATED 24.10.2018 EXHIBIT P6 A COPY OF THE BANK GUARANTEE DATED 11.4.2019 EXHIBIT P7 A COPY OF THE ORDER DATED 15.5.2019 ISSUED BY THE STATE TAX OFFICER, MOBILE SQUAD NO. 1, KASARAGOD. EXHIBIT P8 COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT. P7 BEFORE THE THIRD RESPONDENT. EXHIBIT P9 COPY OF THE STAY PETITION FILED IN EXT. P8 APPEAL.