IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19201 of 2009(U)
1. ASIANET SATELLITE COMMUNICATIONS LTD.,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE CHIEF ENGINEER,
3. THE EXECUTIVE ENGINEER,
For Petitioner :SRI.SAJI VARGHESE
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :28/08/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 19201 OF 2009 (U)
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Dated this the 28th day of August, 2009
J U D G M E N T
Heard both sides.
2. Exts.P1 to P3 are the agreements that were entered
into between the petitioner and the 3rd respondent for drawing
cables through the electrical posts erected by the 3rd respondent.
Clause 16 of the agreement provides that the pole rental and the
security deposit shall be paid by the lessee before the 10th of
every month and Clause 17 provides for levy of interest at the
rate of 24% in case default is committed. However, a reading of
Cause 17 shows that the lessee has three months time to pay the
lease rental along with interest, in which event only, agreement
can become null and void as provided in Clause 13. By Ext.P4,
petitioner was informed that if payment is not made in time, the
agreement will be terminated.
3. Going by these documents, what is seen is that the
due date was 10/6/09, and on 11/6/09, by Ext.P5, the agreement
was terminated for non payment. It was challenging Ext.P5, the
writ petition is filed. A reading of Ext.P5 shows that the only
WPC 19201/09
:2 :
reason stated is the non payment of the dues as demanded in
Ext.P4.
4. When the case came up for admission on 9/7/09, this
Court granted stay of Ext.P5 on condition that the amount due
from the petitioner as pole rental for the year 2009-2010 as
demanded in Ext.P4 along with interest from 10/6/09 is paid
forthwith. Along with IA 10973/09, petitioner has produced
receipts evidencing payment of the amount in compliance with
the interim order. Now that the petitioner has made payment as
above, in my view, there is no reason to sustain Ext.P5 any more.
5. Therefore, I quash Ext.P5. However, it is clarified that
if any amount is due from the petitioner towards additional
security amount or other dues, it will be open to the respondents
to demand payment and if payment is made as above, it shall be
the obligation of the petitioner to clear the arrears forthwith.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp