State Of Kerala vs M/S.Edakkara Gold Private Limited
2024 Latest Caselaw 30759 Ker

Kerala High Court

State Of Kerala vs M/S.Edakkara Gold Private Limited on 30 October, 2024

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                     &
                 THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
        Wednesday, the 30th day of October 2024 / 8th Karthika, 1946
                  CM.APPL.NO.1/2024 IN WA NO. 1602 OF 2024

  AGAINST THE JUDGMENT DATED 08-08-2023 IN WP(C) 41025/2016 OF THIS COURT

APPLICANTS/APPELLANTS/RESPONDENTS IN W.P.(C):

  1. STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY
     (TAXES), TAXES DEPARTMENT, ABOVE OLD ASSEMBLY HALL, GOVERNMENT
     SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
  2. THE COMMISSIONER OF COMMERCIAL TAXES OFFICE OF THE COMMISSIONER OF
     COMMERCIAL TAXES, 9 TH FLOOR, TAX TOWERS, KILLIPPALAM, KARAMANA P.O,
     THIRUVANANTHAPURAM, PIN - 695002
  3. THE COMMERCIAL TAX OFFICER, OFFICE OF THE COMMERCIAL TAX OFFICER,
     DEPARTMENT OF COMMERCIAL TAXES, EDAKKARA, PIN - 679101

RESPONDENT/RESPONDENT/PETITIONER IN W.P.(C):

     M/S.EDAKKARA GOLD PRIVATE LIMITED, AGED 33 YEARS, REPRESENTED BY ITS
     MANAGING DIRECTOR, IBRAHIMKUTTY PALASSERI, S/O HYDROSE MUSLIYAR,
     PALASSERI HOUSE, VALIYORA P.O, VIA VENGARA, MALAPPURAM DISTRICT, PIN
     - 676304


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to condone the delay
of 395 days in filing the above Writ Appeal.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of GOVERNMENT PLEADER, for the petitioner and of M/S. MINU VITTORRIA
PAULSON(B/O) & K.SHAJ, Advocates for the respondent, the court passed the
following:
                  DR. A.K.JAYASANKARAN NAMBIAR
                                  &
                        K.V. JAYAKUMAR, JJ.
               ------------------------------
                    CM.Application No.1 of 2024
                                   in
                        WA No.1602 of 2024
              -------------------------------
               Dated this the 30th day of October, 2024

                                ORDER

Dr. A.K.Jayasankaran Nambiar, J.

This is a petition to condone the delay of 395 days in filing the Writ

Appeal.

Taking note of the averments in support of the delay condonation

petition as also the counter affidavit filed by the respondent to the delay

condonation petition, we are of the view that the delay occasioned in

preferring this Writ Appeal can be condoned only on terms. We,

therefore, condone the delay subject to the applicants State paying an

amount of Rs.5,000/- (Rupees five thousand only) by way of cost to the

respondent within one week from today.

Sd/-

DR. A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

K.V. JAYAKUMAR JUDGE

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