Kerala High Court
Boban Joseph vs R. Madhava Menon on 27 October, 2023
OP(C) No.2303/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Friday, the 27th day of October 2023 / 5th Karthika, 1945
OP(C) NO. 2303 OF 2023
OP(ARB) 23/2022 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM
PETITIONER(S)/ COUNTER 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
RESPONDENT(S)/ PETITIONER/ RESPONDENT:
R.MADHAVA MENON, MANAGING DIRECTOR, M/S. AEGIS COMMUNICATIONS
PRIVATE LIMITED, 3RD FLOOR, CHANDRIKA BUILDINGS, M.G.
ROAD, ERNAKULAM, PIN - 682 011.
OP (Civil) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(C) the High Court be pleased to stay
Exhibit P7 order and all further proceedings pursuant thereto, pending
disposal of the above Original Petition (Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP(C) and upon hearing the arguments of
M/S C.HARIKUMAR, V.BOVAN CHERIAN VARKEY, SANDRA SUNNY, ARUN KUMAR M.A &
FARAH JYOTHI PRADEEP, Advocates for the petitioner, the court passed the
following:
[PTO]
OP(C) No.2303/2023 2/4
C. JAYACHANDRAN, J.
=====================
O.P.(C) No.2303 of 2023
============================
Dated this the 27th day of October, 2023
O R D E R
Issue notice by speed post to respondent.
2. Heard the learned counsel for the petitioner for
the purpose of interim order.
3. According to the learned counsel, the award is
not specific as regards the rate of interest to be
paid; nor is the order of this Court vide Ext.P4
specific as regards the amount to be paid towards
interest. It is one of the contentions raised by
the learned counsel that for the purpose of deposit
of 75%, the principal amount covered by the award is
to be reckoned. However, a perusal of the petition
preferred by the respondents before the court below
would indicate that 75% of the award amount,
reckoned along with the interest, will be more than
OP(C) No.2303/2023 3/4
Rs.1 crore and accordingly, the three
installments granted by Clause (i) of Ext.P4
should comprise of Rs.35 lakhs, each. As a pre-
condition to prevent dismissal of O.P.(Arb)
No.23/2022, this Court directs the petitioner to
ensure that a total sum of Rs.70 lakhs (made up
of two installments, going by the contention of
the respondent), is paid within the period of
three months stipulated vide Clause (i) of
Ext.P4, which culminates on 09.11.2023.
Post on 09.11.2023.
Sd/-
C. JAYACHANDRAN
JUDGE
Skk//20.10.2023
27-10-2023 /True Copy/ Assistant Registrar
OP(C) No.2303/2023 4/4
APPENDIX OF OP(C) 2303/2023
EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT IN O.P.(C.)NO 1508 OF
2023 PASSED BY THIS HON'BLE COURT DATED 09.08.2023
EXHIBIT P7 THE TRUE COPY OF THE ORDER IN I.A.NO 3 OF 2023 IN
O.P.(ARB.)NO 23 OF 2022 PASSED BY THE HON'BLE SECOND
ADDITIONAL COMMERCIAL COURT, THIRUVANANTHAPURAM DATED
17.10.2023
27-10-2023 /True Copy/ Assistant Registrar
