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Judgment
Permod Kohli, J.—Mrs. Indrani Sen Choudhary, learned S.C. III appears for the Respondents. She seeks one week time to file counter affidavit.
Normally this Court is not inclined to stay the revenue, however, in the present case there is substantial material on record to suggest payment of the entire licence fee as per details contained in Annexure-7 and this is the case of the petitioner that entire amount has been paid. In view of these circumstances, I am inclined to pass the interim direction.
List this matter on 29th of December, at the joint request of the learned Counsel appearing for the parties.
In the meanwhile, no recovery shall be effected from the petitioner in respect to the licence fee for Group I for the financial year 2006-2007. This order is, however, subject to an undertaking to be filed by the petition before the Registrar of this Court, undertaking to pay the licence fee in the event petitioner fails in the writ application. Let the undertaking be filed by Tuesday (21.11.2006).
Respondents will specifically state in the affidavit whether the amount shown in Annexure-7 and the Indemnity Bond furnished by the petitioner before the authorities is the same and whether this amount stands paid or not. They will also specifically state about the license fee payable for the financial year 2006-2007 for Group-I and whether the amount represented by Annexure-7 is the same amount, which was payable in the said financial year for this Group.
Let a copy of this order be made available to the learned Counsel appearing for the parties during the course of the day.
