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Elavarasi Jayakanth

High Court Of Kerala|05 November, 2014
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JUDGMENT / ORDER

The petitioner is a KVAT dealer on the rolls of the 1st respondent and was running a supermarket in the name and style 'Pink Margin Free'. Due to a theft occurred in the petitioner's shop, she was compelled to close down her business and hence she could not file the returns. The respondents are now proceeding with recovery steps against the petitioner vide Ext.P2, which made the petitioner to approach this Court by filing this writ petition.
2. Heard the learned Government Pleader as well.
3. The learned counsel for the petitioner submits that the petitioner does not intend to dispute the liability and that steps are being taken to have the liability cleared, for which some breathing time is sought for.
After hearing both the sides, the petitioner is permitted to satisfy the above liability, by way of 'four' equal monthly instalments, the first of which shall be effected on or before the W.P.(C) No.29060 of 2014 2 30th of November, 2014, followed by similar installments, to be effected on or before the 30th of the succeeding months. Subject to this, the recovery proceedings shall be kept in abeyance, for the time being. It is made clear that, if any single default is committed with regard to the satisfaction of the liability as above, it will be open for the respondents to proceed with further steps for realization of the entire amount in lump, by pursuing such steps from the stage where it stands now.
The writ petition is disposed of.
The petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the respondents, for further steps.
P.R. RAMACHANDRA MENON, JUDGE sp
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Title

Elavarasi Jayakanth

Court

High Court Of Kerala

JudgmentDate
05 November, 2014
Judges
  • P R Ramachandra Menon
Advocates
  • Sri Sam Isaac
  • Pothiyil Sri
  • A S Sreejan