BEFORE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2019 CORAM: HONOURABLE Dr. JUSTICE VINEET KOTHARI AND HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM W.A.(MD)No.583 of 2012 and M.P.(MD)Nos.1 & 2 of 2012 1.A.Jebasundari 2.K.Joseph Packiaraj 3.K.Francis Ignatius Roche 4.K.James Baskar 5.K.Peter Jeyakumar .. Appellants Vs. 1.The Commissioner of Income Tax, No.2, V.P.Rathinasamy Nadar Road, Bibikulam, Madurai 625 002. 2.The Income Tax Officer, Ward I /II / TIN, Tuticorin. 3.The Tax Recovery Officer, O/o Tax Recovery Office, 6T, North Cotton Road, Tuticorin 628 001. .. Respondents PRAYER: Appeal filed under Clause 15 of Letters Patent Act, against non granting of interim order in M.P.No.2 of 2012 in W.P.No.11184 of 2012 on 14.08.2012 by learned Single Judge of this Court. http://www.judis.nic.in 2 For Appellant :: Mr.AN.Ramanathan For Respondents :: Mrs.Srimathy, Spl.G.P. JUDGEMENT (Judgement of Court was delivered by Dr.VINEET KOTHARI,J.) This Writ Appeal was filed by appellants / Assessees aggrieved by non-grant of interim stay order in M.P.No.2 of 2012 in W.P.No.11184 of 2012 by Learned Single Judge on 14.08.2012 and Learned Single Judge only issued notice to respondents in Writ Petition filed by appellants / petitioners. 2.However, during pendency of this Writ Appeal, Coordinate Bench of this Court vide interim order dated 17.08.2012 granted interim relief to appellants / Assessee subject to condition that appellants shall deposit further sum of Rs.15 lakhs before respondents within period of two weeks from that day. 3.Mrs.Srimathy, learned Special Government Pleader for respondents / Income Tax Department as well as Mr.AN.Ramanathan, learned counsel for appellants submitted before us that appellants / Assessees has not only deposited said sum of Rs.15 lakhs but also entire demand of Income Tax to respondents and appellants presently seek only http://www.judis.nic.in 3 waiver of interest. 4.The learned counsel for appellants further submitted that Writ petition itself is coming up for final hearing before Learned Single Judge today. 5.In these circumstances, we are not inclined to pass any further order in present Writ Appeal. However, liberty is granted to appellants / Assessees to pursue said Writ Petition before Learned Single Judge. present Writ Appeal is disposed of. 6.We direct that conditional interim order granted by Coordinate Bench on 17.08.2012 shall continue till disposal of Writ petition by Learned Single Judge. Consequently, connected M.Ps.are closed. No costs. (V.K.,J.) (S.M.S.,J.) 23.08.2019 To 1.The Commissioner of Income Tax, No.2, V.P.Rathinasamy Nadar Road, Bibikulam, Madurai 625 002. 2.The Income Tax Officer, Ward I /II / TIN, Tuticorin. 3.The Tax Recovery Officer, O/o Tax Recovery Office, 6T, North Cotton Road, http://www.judis.nic.in 4 Tuticorin 628 001. http://www.judis.nic.in 5 Dr. VINEET KOTHARI, J. AND S.M.SUBRAMANIAM, J. nbj W.A.(MD)No.583 of 2012 22.08.2019 http://www.judis.nic.in A. Jebasundari / K. Joseph Packiaraj / K.Francis Ignatius Roche / K.James Baskar / K.Peter Jeyakumar v. Commissioner of Income-tax, Madurai / Income-tax Officer, Ward-I /II / TIN, Tuticorin / Tax Recovery Officer, Tuticorin