Kerala High Court
M/S. Malayalam Chemicals (P) Ltd vs Kerala State Electricity Board ... on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Tuesday, the 17th day of January 2023 / 27th Pousha, 1944
WA NO. 1951 OF 2022
(AGAINST THE JUDGMENT DATED 26.05.2022 IN WP(C) 967/2021 OF THIS COURT)
APPELLANT/PETITIONER:
M/S. MALAYALAM CHEMICALS (P) LTD, INDUSTRIAL DEVELOPMENT AREA,
EDAYAR, BINANIPURAM, ALUVA, REPRESENTED BY ITS MANAGING DIRECTOR, P.
VELLAISAMY, RESIDING AT MATHIYACHY POST, KOVILPATTY TALUK, TAMIL
NADU, PIN - 628521
BY ADVS. M/S. J.JULIAN XAVIER, FIROZ K.ROBIN, ROY JOSEPH,
ANIES MATHEW, ANJANA RAM, NIRMAL KURIEN EAPEN
RESPONDENTS/RESPONDENTS:
1. KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY ITS
SECRETARY, VYDHUTHI BHAVANAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN -
695004
2. THE SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD
LIMITED, VYDHUTHI BHAVANAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN -
695004
3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, POWER (C) DEPARTMENT,
SECRETARIAT, GOVT. PRESS P.O, THIRUVANANTHAPURAM, PIN - 695001
4. KERALA STATE ELECTRICITY REGULATORY COMMISSION, KPFC BHAVANAM, C.V
RAMAN PILLAI ROAD, VELLAYAMBALAM P.O, THIRUVANANTHAPURAM, REP. BY
ITS SECRETARY, PIN - 695010
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the respondents 1 and 2 to permit the petitioner to remit the
liability due to the KSEBL as recommended in Ext.P12, pending dispodal of
the Writ appeal.
This Writ appeal coming on for orders on 17.01.2023 upon persuing
the appeal memorandum, the petition and this court's order dated
20.12.2022 in CM.Appl.1/2022, the court passed the following:
S.V. BHATTI & BECHU KURIAN THOMAS, JJ.
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W.A. No. 1951 of 2022
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Dated: 17th January 2023
ORDER
S.V.Bhatti, J.
Heard learned Advocates Mr J Julian Xavier for the
appellant, Mr B Premod, Standing Counsel for KSEB, and Mr
Vipin Varghese for KSERC.
2. The learned Counsel for the appellant contends that
the judgment under appeal has not exercised the discretion
conferred on a writ court. A Division Bench of this Court in K
R Alloy's Ltd v. State of Kerala1 has broadly laid down the
circumstances under which the Court could exercise the
discretion and the rate of interest scaled down. The effort in
2005 (2) KLT 177
W.A. No.1951/2022
this intra-Court appeal is to pay the penalty demanded
together with scaled-down interest at 8% per annum.
3. Mr B Premod, appearing for the Board, does not
oppose the argument but informs the Court that this request
for scaling down the interest be considered only if the
appellant establishes the bona fides.
4. To appreciate the bona fides, subject to further
orders in this behalf, we give liberty to the appellant to deposit
the penalty amounting to Rs.40,51,631/- together with 8%
interest from the date of demand till the date of deposit. The
deposit schedule is as under:
The appellant, at the first instance, shall deposit Rs.65
lakhs on or before the next date of hearing and place before
the Court the proof of such payment. The Court will consider
granting reasonable time for payment of the balance amount
in penalty + 8% interest, subject to complying with the above
W.A. No.1951/2022
condition. The liberty now granted is subject to further orders
in the appeal.
Handover copy to the counsel for the appellant.
Sd/-
S.V. BHATTI
JUDGE
Sd/-
BECHU KURIAN THOMAS
JUDGE
jjj
