Kerala High Court
Sri Arjuna Carbides vs State Of Kerala on 23 June, 2022
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
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
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
