IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WA.No. 1009 of 2004(A) ---------------------- AGAINST THE JUDGEMENT IN OP.31361/1999 Dated 03/02/2004 .................... APPELLANT/PETITIONER: ------------------------------------- M/S.R.J.SHAH AND COMPANY LTD., MAHUL ROAD, ANTOP HILL, MUMBAI 400 037. BY ADV. SRI.S.ABDUL RAZZAK RESPONDENTS/RSPONDENTS: -------------------------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28/01/2008, ALONG WITH WA NO.1246 OF 2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. -------------------------------------------------------- W.A.Nos.1009 of 2004 & 1246 of 2005 & I.A. 1283 of 2005 -------------------------------------------------------- Dated, this the 28th day of January, 2008 JUDGMENT K.M.Joseph, J. Delay in filing W.A. 1246 of 2005 is condoned. 2. Since these appeals are directed against a common judgment passed by the learned Single Judge, we dispose of these appeals by a common judgment. 3. The learned Single Judge has arrived at the following conclusions while disposing of the original petitions: “(1) The recovery of incentive payment of Rs.10 lakhs each to the contractors for reasons already discussed is not illegal. (2) The recovery of escalation charges already paid will be reconsidered by the Board after evaluating the entire circumstances and after taking a decision afresh after affording the parties an opportunity of being heard. (3) The recovery of penalty shall also be deferred by the Board until after adverting to the circumstances pleaded for the short fall in not achieving the target is considered and decision taken. (4) Whether or not the petitioners are entitled for any balance amount from the Board since depend up on the decision on Issue Nos.2 and 3 above the Board will decide this issue consequent on their decision on Issue Nos.2 and 3. (5) No interference is called for on any other claim. (6) Until the Electricity Board takes a final decision in the matter as indicated above further recovery of any amount shall be kept in abeyance and status quo will continue till then.” W.A.Nos.1009/2004 & 1246/2005. 2 4. Today when the matter came up for hearing,, learned counsel appearing for the appellants submitted that pursuant to the judgment of the learned Single Judge the matter is pending consideration before the Board and the appellants have appeared, but orders are not being passed in view of the pendency of the writ appeal filed by both the appellant and the Kerala State Electricity Board before this Court. Learned counsel appearing for the appellants would submit that it would suffice if the appeal is disposed of with a direction to the Board to take a decision in the matter and leaving it free to the appellants to challenge the decision if it is adverse to the interests of the appellants. Likewise, Sri.C.K.Karunakaran, learned counsel appearing for the Board, would submit that in the light of the submission made by learned counsel appearing for the appellants, the appeals can be disposed of. 6. Therefore, these writ appeals are disposed of with a direction to the Kerala State Electricity Board to take a decision in the matter as directed by the learned Single Judge and leaving it free to the appellants to challenge the decision, if they so desire. All the legal contentions of both the parties are left open. All pending interlocutory applications stand closed. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE sb.