COCHIN SHIPYARD LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the Cochin Shipyard Ltd. and the challenge is against the order Ext.P4, as modified by Ext.P7. The petitioner, had approached this Court, complaining that immediately after the order was passed and served on the petitioner, on 29/02/2012, the petitioner was served with Ext.P11 recovery notice by the third respondent demanding payment of Rs.30,51,09,319/-. The period for filing an appeal was yet to expire, according to the learned counsel for the petitioner. While admitting this writ petition, this Court granted an interim order on 08/03/2012 directing the petitioner to file an appeal along with a stay petition before 20/03/2012. It was further directed that steps initiated as per Ext.P11 will be kept in abeyance for enabling the petitioner to file the appeal on condition of depositing an amount of Rs.50,00,000/- (Rupees fifty lakhs only) within a period of one week.

(2.) Learned counsel for the petitioner submitted that the said order has been complied with and along with I.A.No.4357/2012, the petitioner has produced Ext.P12, a copy of the appeal dated 19/03/2012 and Ext.P13 is a copy of the stay petition. Learned counsel for the petitioner therefore, prayed for a direction to the appellate authority, namely, respondent No.4 to take a decision on Ext.P12 appeal within a time frame and to keep in abeyance further recovery till the disposal of the appeal.

(3.) Heard the learned Government Pleader for the respondents. Since it is submitted that an identical issue is pending before the Tribunal and as the Tribunal has already heard the matter and the petitioner is awaiting an order in the said matter, it is only proper that pending the appeal, further recovery will be kept in abeyance. Therefore, there will be a direction to the fourth respondent to take a decision on Ext.P12 appeal on merits within a period of four months from the date of receipt of a copy of this Judgment and in the light of the fact that the petitioner has already deposited Rs.50 lakhs as per the order of this Court, further recovery will be kept in abeyance till orders are passed on the appeal. The writ petition is disposed of as above. No costs.