IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 23RD DAY OF JUNE 2022/2ND ASHADHA, 1944
W.A. NO.2548 OF 2019
(AGAINST THE JUDGMENT DATED 3.10.2019 IN R.P.No.911 OF
2019 IN WP(C) 23303/2016 OF HIGH COURT OF KERALA)
APPELLANT/REVIEW PETITIONER:
SRI.ARJUNA CARBIDES, PAZHUKKANIKALAM,
VENGODI P.O, PALAKKAD, REPRESENTED BY ITS
MANAGING PARTNER, K.PALANI SWAMY,
S/O.A.KUPPU SWAMY.
BY ADV SRI.P.R.VENKATESH
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS POWER SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY,
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM- 695 001.
3 SPECIAL OFFICER (REVENUE),
KERALA STATE ELECTRICITY BOARD,
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM- 695 001.
GOVERNMENT PLEADER, SRI RAJU JOSEPH,
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
23.06.2022, ALONG WITH WA.2543/2019, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
I.A.No.1 of 2022 in W.A.No.2543 of 2019 and
I.A.No.1 of 2022 in W.A.No.2548 of 2019
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 23RD DAY OF JUNE 2022/2ND ASHADHA, 1944
W.A. NO.2543 OF 2019
(AGAINST THE JUDGMENT DATED 3.10.2019 IN R.P.No.874/2019
IN WP(C) 29816/2015 OF HIGH COURT OF KERALA)
APPELLANT/REVIEW PETITIONER:
SRI.VIGNESH CHEMICALS, 636,
NEW INDUSTRIAL DEVELOPMENT AREA, KANJIKODE,
PALAKKAD - 678 621, REPRESENTED BY ITS
PROPRIETOR, R.T. SATISH.
BY ADV SRI.P.R.VENKATESH
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS POWER SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY,
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHPURAM - 695 001.
3 SPECIAL OFFICER (REVENUE),
KERALA STATE ELECTRICITY BOARD,
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANATHAPURAM-695 001.
SRI.C.JOSEPH ANTONY
GOVERNMENT PLEADER, SRI.RAJU JOSEPH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
23.06.2022, ALONG WITH WA.2548/2019, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
I.A.No.1 of 2022 in W.A.No.2543 of 2019 and
I.A.No.1 of 2022 in W.A.No.2548 of 2019
3
JUDGMENT
(Dated: 23rd June, 2022) Basant Balaji, J Two interlocutory applications in W.A.No.2543 of 2019 and 2548 of 2019 are filed by the appellants with a prayer to grant at least 30 days time from today to pay the principal amount together with the 1 st instalment under OTS and the petitioner/appellant are permitted to withdraw the appeal.
2. As per Annexure-1/One Time Settlement Scheme, the appellants were directed to remit the 1 st installment, on or before 20.05.2022. The amount demanded in W.A.No.2543 of 2019 is Rs.81,03,115/- as per demand notice dated 17.05.2022, which includes principal amount of Rs.4676811 and interest as on 20.05.2022 at Rs.32,26,304/-. In W.A.No.2548 of 2019, the demand was for principal amount of Rs.81,98,782/- and interest as on 20.05.2022 is Rs.55,52,056/-. As I.A.No.1 of 2022 in W.A.No.2543 of 2019 and I.A.No.1 of 2022 in W.A.No.2548 of 2019 4 per the OTS, the total amount has to be remitted in six monthly equated installments.
3. The counsel for the petitioner submits that the principal amount plus interest to be payable on 20.05.2022 and 20.06.2022 are in arrears and the same would be paid if time is granted by exercising the discretionary jurisdiction of this Court.
Taking note of the fact and the extra ordinary circumstances of the case, the long drawn litigation between the parties, we are of the considered opinion that two weeks time can be granted for payment of the 1st installment amount together with interest due on 20.05.2022 and 2nd installment due on 20.06.2022. The counsel for the appellant submits that future installments will be remitted on time as per OTS schedule. As per the calculation submitted by both sides, an amount of Rs.1,00,49,467.3 is due in W.A.No.2548 of 2019 and an amount of Rs.59,52,245.67 is due as on today in W.A.No.2543 of 2019. Taking into I.A.No.1 of 2022 in W.A.No.2543 of 2019 and I.A.No.1 of 2022 in W.A.No.2548 of 2019 5 consideration of the above submissions, the Writ Appeals are dismissed as withdrawn and the appellants are granted two weeks time from today for payment of Rs.1,00,49,467.3 and Rs.59,52,245.67 respectively due as on 20.05.2022 and 20.06.2022 mentioned above.
Sd/-
S.V.BHATTI, JUDGE Sd/-
BASANT BALAJI, JUDGE ss