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2020 (9) TMI 93 - KERALA HIGH COURTStay petition - no opportunity of being heard offered to petitioner - HELD THAT:- As gone through Ext.P5 issued without proper application of mind, because what is stated therein is that a stay has been granted on condition of payment of 'disputed demand till the decision of the appeal'. Obviously, therefore, this is an eminently fit case where this Court also feels that Ext.P5 order should be vacated and the Authority be directed to reconsider the stay petition in terms of law. Allow this writ petition and set aside Ext.P5, without entering into the merits of the contentions of the parties and leaving all of them open; with a consequential direction to the 2nd respondent to take up the application for stay preferred by the petitioner and issue orders thereon, after affording them an opportunity of being heard, as expeditiously as is possible. Application for stay is considered by the 2nd respondent, all further action to recover amounts as per the demand will stand deferred.
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