TMI Blog2009 (9) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... to have considered the request of the petitioner for the stay of the recovery proceedings - set aside the orders passed by the 4th respondent in W.P.(MD)No.2209 of 2009, dated 09.01.2009 and the 5th respondent in W.P.(MD)No.2210 of 2009 dated 18.02.2005 and directed the respondents to consider the request of the petitioner for the grant of stay and pass a speaking order - it is ordered, directing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 rd respondent on 21.01.2009 and the appeals are pending before the authorities. The petitioner also applied for stay of the assessment order for the year 2004-2005 and that is also pending. 3. It is submitted by the learned counsel appearing for the petitioner that various Divisions of the Transport Corporation in Karaikudi, Trichy and Pudukottai got merged with the Kumbakonam Division, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, the 2 nd respondent had taken the same on file and heard the matter in three hearings and the same is pending. While so, the respondents resorted to coercive recovery proceedings by attaching the bank accounts, which affected the day-to-day affairs of the Transport Corporation and hence, these writ petitions. 5. According to the learned counsel appearing for the petitioner, the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent has only stated that mere filing an appeal against the assessment order will not be sufficient reason to stay the recovery of demand. When the petitioner approaches the authority for the grant of stay and it is the duty of the authority to give reason either for granting stay or for refusal to grant the stay and without assigning any reason, the authorities should not have passed the order re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y be directed to dispose of the appeal as they have got a fair chance in the appeal. The learned counsel appearing for the respondents have no objection for the disposal of the appeal at the earliest. Hence, it is ordered, directing the 3 rd respondent to dispose of the appeal pending on his file, within a period of four weeks from the date of the receipt of a copy of this order. 9. With the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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