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M/s. Shri Amman Steel and Allied Industries, Represented by its Director M. Somasundaram, Trichy & The Appellate Deputy Commissioner, (Commercial Taxes) (FAC), Trichy & Another

    Writ Petition Nos.13680, 13681 of 2010

    Decided On, 16 November 2010

    At, Before the Madurai Bench of Madras High Court


    For the Petitioner: S. Karunakar, Advocate. For the Respondent: Pala Ramasamy, Special Government Pleader.

Judgment Text

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records in S.P.No.10/2010 in A.P.No.26/2010, dated 19.10.2010, on the file of the first respondent and quash the same as illegal and direct the second respondent to accept the personal bond to be executed by the petitioner in lieu of security.)

1. Heard Mr.S.Karunakar, the learned counsel appearing for the petitioner and Mr.Pala Ramasamy, the learned Special Government Pleader appearing for the respondents.

2. By consent of both the parties, the writ petition is taken up for hearing and disposal.

3. The learned counsel for the petitioner submits that in similar matters, orders have been passed by this Court directing the petitioner to furnish a Personal Bond for the balance amount of tax, surcharge and penalty, instead of furnishing Bank Guarantee or Security.

4. In the present case, the first respondent, by his impugned order, dated 19.10.2010, had directed the petitioner to pay 25% of tax of Rs.2,25,688/-, on or before 18.11.2010, by furnishing bank guarantee or property security, in Form XIX. The request of the petitioner is that instead of bank guarantee or property security, in Form XIX, the petitioner may be permitted to furnish a Personal Bond for the amount in question.

5. In view of the above, there will be a direction to the second respondent to accept the Personal Bond furnished by the petitioner, in respect of the tax and penalty, instead of insisting on furnishing of Security, in Form XIX. The petitioner is directed to execute the Personal Bond,

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within a period of two weeks from today, even though the time granted by the first respondent expires on 18.11.2010. This writ petition is disposed of accordingly. No costs.