By Advs.sri.harisankar v. Menonsmt.meera V.menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 29TH DAY OF JANUARY 2020 / 9TH MAGHA, 1941 WP(C).No.2418 OF 2020(B) PETITIONER: THE CHITTUR SERVICE CO-OPERATIVE BANK LTD. NO. 18CHITTUR, PALAKKAD - 678 101, REPRESENTED BY ITS SECRETARY, NATARAJAN C., AGED 56, S/O. CHAMY K. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENTS: 1THE INCOME TAX OFFICERWARD 5, AYAKAR BHAVAN, PALAKKAD - 670 014WARD 5, AYAKAR BHAVAN, PALAKKAD - 670 014 2THE COMMISSIONER OF INCOME TAX (APPEALS)SAKTHAN NAGAR, THRISSUR - 680 021 ADV. SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON29.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ALEXANDER THOMAS, J. =========================== W.P(C) No.2418 of 2020 ===========================Dated this the 29[th] day of January, 2020 JUDGMENT Against Ext.P1 order, the petitioner has filed Ext.P2 appeal andExt.P3 stay petition. The petitioner's grievance is that during the pendencyof the stay petition, coercive recovery proceedings have been initiated bythe assessing authority for recovery of the disputed amounts. 2.Heard Sri.Harisankar V.Menon, learned counsel appearing forthe petitioner and Sri.Jose Joseph, learned standing counsel appearing forthe respondents. 3.After hearing both sides and after taking note of the facts andcircumstances of the case, it is ordered in the interest of justice that the 2[nd]respondent shall take up the matters in Ext.P3 stay application filed inExt.P2 appeal and after affording reasonable opportunity of being heard tothe petitioner through their authorised representative/counsel, if any, shallpass orders on that application without much delay, preferably within aperiod of two months from the date of production of a certified copy of this judgment. Until orders are thus passed on the abovesaid stay application,further coercive steps for enforcement of the impugned order will be keptin abeyance. With these observations and directions, the above Writ Petition(Civil) stands finally disposed of. Sd/- ALEXANDER THOMAS JUDGE vgd APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18 EXHIBIT P2COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT - 2017-18 EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT