Kerala High Court
Boban Joseph vs R. Madhava Menon on 16 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
RP NO. 1139 OF 2023
AGAINST THE JUDGMENT DATED 09.08.2023 IN OP(C) 1508/2023 OF HIGH
COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
BOBAN JOSEPH,
AGED 64 YEARS,
S/O. JOSEPH MALIEKKAL HOUSE,
EDATHALA KARA, ALUVA EAST VILLAGE,
ALUVA TALUK ERNAKULAM 683 112 PARTNER,
M/S. INSTITUTE OF SCIENTIFIC RESEARCH AND TRAINING
PRANAAMAM COMPLEX,
CHOONDY, ALUVA ERNAKULAM,
PIN - 683112
BY ADVS. C.HARIKUMAR
ARUN KUMAR M.A
SANDRA SUNNY
FARAH JYOTHI PRADEEP
RESPONDENT/RESPONDENT:
R. MADHAVA MENON,
MANAGING DIRECTOR,
M/S. AEGIS COMMUNICATIONS PRIVATE LIMITED,
3RD FLOOR, CHANDRIKA BUILDINGS,
M.G. ROAD ERNAKULAM, PIN - 682011
BY ADV KODOTH SREEDHARAN .
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P.No.1139/2023
-:2:-
Dated this the 16th day of November,2023
ORDER
The review petition is filed to clarify the exact
amount to be deposited by the review petitioner as per
condition No.(i) in the operative portion of the
judgment.
2. The review petitioner has averred in the
memorandum of the review petition that, this Court, by
judgment dated 09.08.2023, had disposed of the
original petition by permitting the review petitioner to
deposit 75% of the award amount in three equated
monthly instalments commencing from 09.09.2023.
2.1 Pursuant to the said judgment, the review
petitioner deposited Rs.12,00,000/- each on 07.09.2023
& 07.10.2023. Then, the respondent filed an
application alleging that the review petitioner has
R.P.No.1139/2023
failed to comply with the judgment passed by this
Court and, therefore, O.P.(Arb)No.23/2022 may be
dismissed.
2.2. The court below, without quantifying the
balance amount due, by order dated 17.10.2023 in
I.A.No.3/2023, directed the review petitioner to deposit
balance of 75% of the award amount (principal amount
and interest accrued as per the award and cost) within
10 days from the date of order, failing which O.P.
(Arb)No.23/2022 will stand dismissed.
2.3. The review petitioner has complied with the
directions in the judgment of this Court, in its letter
and spirit. It is only because there was an ambiguity in
the judgment regarding the exact amount to be
deposited, that the review petitioner did not deposit
the amount. The review petitioner is ready to deposit
the amount as directed by this Court in two
instalments. Hence, the review petition.
R.P.No.1139/2023
3. Heard; Sri. C. Harikumar, the learned counsel
appearing for the review petitioner and Sri. Kodoth
Sreedharan, the learned counsel appearing for the
respondent.
4. The review petitioner has filed O.P.(Arb)
No.23/2022 before the Commercial Court,
Thiruvananthapuram, challenging the award dated
22.04.2022 passed by the Kerala Micro and Small
Enterprises Facilitation Council, Thiruvananthapuram
(in short, 'Council'). The Council has directed the
review petitioner to pay the respondent an amount of
Rs.47,92,892/- with compound interest calculated at
three times of the bank rate notified by the Reserve
Bank under Section 16 of the Micro, Small and Medium
Enterprises Development Act, 2006('Act', for the sake
of brevity) from 17.07.2017 till the date of realisation
of the award.
5. During the pendency of O.P.(Arb)No.23/2022,
R.P.No.1139/2023
the respondent filed I.A.No.1/2023, questioning the
maintainability of the original petition on the ground
that the review petitioner has failed to deposit 75% of
the award amount, as per the mandate under Section
19 of the Act. Accordingly, the court below directed
the review petitioner to deposit 75% of the award
amount.
6. Challenging the said order; the review
petitioner filed O.P.(C)No.1508/2023 before this Court.
7. By judgment dated 09.08.2023, this Court
disposed of the original petition, by permitting the
review petitioner to deposit the award amount in three
equated monthly instalments commencing from
19.09.2023.
8. The review petitioner assumed, 75% of the
award amount is Rs.47,92,892/-. Accordingly, he
deposited Rs.12,00,000/- each in two instalments on
07.09.2023 & 07.10.2023.
R.P.No.1139/2023
9. Then, the respondent raised an objection that,
the review petitioner had failed to comply with the
condition No.(i) of the impugned judgment. Thereafter,
the court below passed the order dated 17.10.2023 in
I.A.No.3/2023, directing the review petitioner to
deposit the balance amount in 10 days, failing which
O.P.(Arb) No.23/2022 will stand dismissed.
10. Immediately, the review petitioner filed O.P.
(C)No.2303/2023 before this Court. By order dated
27.10.2023, this Court stayed the operation of the
order of the court below, on condition that the review
petitioner deposits Rs.70,00,000/- in two instalments
on or before 09.11.2023. Subsequently, the review
petitioner has filed the instant review petition for a
clarificatory order.
11. It is conceded by both sides that, as on today,
the review petitioner has remitted a total amount of
Rs.70,00,000/- before the court below.
R.P.No.1139/2023
12. As directed by this Court on 14.11.2023, the
review petitioner has filed a calculation statement
dated 14.11.2023, stating that 75% of the award
amount, which includes compound interest and costs
as per the award passed, works out to Rs.88,40,512.50.
The calculation statement is accepted by the learned
counsel for the respondent.
13. Therefore, as on today, the balance amount
that is to be deposited by the review petitioner, to
comply with the direction in the impugned judgment
passed, is Rs.18,40,512.50.
14. The learned counsel appearing for the review
petitioner submitted that the review petitioner may be
granted a breathing time to deposit the balance
amount because he had on 27.10.2023 deposited
Rs.46,00,000/- based on the direction of this Court in
O.P.(C)No.2303/2023. I find the said submission to be
justifiable and reasonable.
R.P.No.1139/2023
15. On a consideration of the pleadings and
materials on record, and after hearing the respective
learned counsel appearing for the parties, I am
inclined to allow the review petition.
In the result,
(i) The review petition is allowed.
(ii)It is clarified that 75% of the amount payable
as per the award mentioned in condition No.(i)
of the operative portion of the impugned
judgment is Rs.88,40,512.50 as on today.
(iii)In supersession of the impugned judgment,
the review petitioner is permitted to deposit
the balance amount of Rs.18,40,512.50 in two
equated monthly instalments on or before
16.12.2023 and 16.01.2024.
(iv)On the review petitioner depositing the above
two instalments, the court below shall comply
with the directions in the judgment dated
09.08.2023 in the original petition.
R.P.No.1139/2023
(v) This order shall be read in conjunction with
the judgment in the original petition.
Sd/-
C.S.DIAS,JUDGE
DST/16.11.23 //True copy//
P.A. To Judge
