IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30181 of 2009(P)
1. KOCHI REFINERIES LTD., P.B.NO.2,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY SPECIAL
... Respondent
2. K.P.NAFEESA, RTD.WHC, D/O.PAREEKKUTTY,
For Petitioner :SRI.E.K.NANDAKUMAR
For Respondent :SRI.K.MOHAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :15/07/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) Nos.30181, 30182, 32100,
34652, 34653, 36193, 36194,
36195 & 36196 OF 2009
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Dated this the 15th day of July, 2010.
J U D G M E N T
In all these writ petitions, the petitioner is the requisitioning
authority who is aggrieved by the orders passed by the Execution
Court in various Execution Petitions in different L.A.R cases. The
impugned orders have been produced as Exhibit P1 in all these
writ petitions.
2. The contention raised by the petitioner is that the
objections raised by the petitioner have not been considered by
the Execution Court. The petitioner has filed a consolidated
statement before this Court dated 29.06.2010. Therein separate
calculation statements have been produced as Annexures A to N
showing the details of the amounts due to different parties in the
Execution Petitions.
3. Learned counsel for the party respondents submitted
that in respect of these writ petitions, statements filed by the
W.P.(C) Nos.30181/09 & conn. cases 2
petitioner tallies with the amount that has to be deposited by
them as on 30.06.2010. It is submitted that if the petitioner
deposits the amount before the Execution Court, then the decree
holders will be satisfied.
4. Learned counsel for the petitioner submitted that the
petitioner will deposit the amounts as shown in the statement
within a period of one month. With regard to W.P.(C)
No.34653/2009 as well as W.P.(C) No.36194/2009, there is an
error in the calculation in the statements. In W.P.(C)
No.34653/2009, the total balance is shown as Rs.72,616.34/-.
But, the same has been arrived at without adding the interest
due as on 28.07.1998 that is Rs.40,601.96/-. By adding the
same, the total amount will be Rs.1,13,215/-. Similarly in
W.P.(C)No.36194/2009, the interest portion will be
Rs.51,003.21/- and by adding to the balance amount of
Rs.78,663.72/-, the total balance to be deposited will be
Rs.1,29,666.93/-. Therefore, the statement with regard to these
two cases will stand modified accordingly.
The petitioner will deposit the amount before the Execution
W.P.(C) Nos.30181/09 & conn. cases 3
Court within a period of one month from today along with interest
upto the date of deposit. Therefore, the impugned orders in
these writ petitions are quashed and the writ petitions are
disposed of in terms of the directions as shown above. The court
below will proceed with the Execution Petitions accordingly for
passing appropriate orders. No costs.
T.R. RAMACHANDRAN NAIR
JUDGE
smp