ORDER :

1. Having heard the submissions of both the parties we are of the opinion that in this matter in view of the principles settled by the decision of 2 this Court in Sahney Steel and Press Works Ltd. & Anr. v. Commercial Tax Officer & Ors., reported in Sales Tax Cases Vol. 60 1985 Page 301 this case does not require interference under Article 32 of the Constitution of India. The principles upon which transactions of these types should be decided have been laid down in the aforesaid decision -and other decisions of this Court. In the premises, this Writ Petition under Article 32, in the facts and circumstances of the case, where factual questions are involved, is dismissed.

2. Having regard to the facts and circumstances of the case, in the interest of Justice and for the balance of convenience of both the parties and in consonance with the orders of this Court in W.P. No. 938/87 (with CMP No. 17591/87) dated 14.12.1987 and also in consonance with the principles settled by the decision of this Court in Sahney Steel and Press Works Ltd. & Anr. (supra) we direct as follows :

(1) 50 per cent of the payment in respect of the year 1985-86 shall be paid within 3 months from today faili