IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Con.Case(C).No. 1181 of 2008(S) ------------------------------- AGAINST THE JUDGEMENT IN WA.649/2007 Dated 29/03/2007 .................... PETITIONER: PETITIONER: ------------------------------------- M/S KCT STEEL (PVT) LTD., (FORMERLY AGNI REROLLERS (P) LTD., HAVING ITS REGISTERED OFFICE AT 246/12/17-B, DHARANI NAGAR WEST, GANAPATHY , PUDUR, 8TH STREET GANAPATHY, COIMBATORE 641 006, REP.BY ITS PRESENT MD SHRI M.JAYA SARAVANA BALAJI. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN RESPONDENT:RESPONDENT: ----------------------------------------- SHRI.VENUGOPAL, (FATHER'S NAME AND AGE NOT KNOWN TO PETITIONER) DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, PALAKKAD. ADV. SRI. ASOK M.CHERIYAN, SC, KSEB THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case No. 1181 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2008 JUDGMENT BASHEER, J. This Contempt Case has been preferred alleging that the respondent has failed to comply with the directions issued by this Court in the judgment in WA No.649/2007. (2) According to the petitioner, a sum of Rs.50 lakhs was deposited at the office of the Board, on 24/25th of June, 2008. But still electric connection was not restored as directed by this Court. However, the contention of the Board is that the connection was dismantled since the deposit was not made within a reasonable time. (3) When the case came up for consideration on November 27, 2008, the learned counsel for the petitioner submitted that, the petitioner is prepared to pay interest for the delayed payment in addition to the charges for dismantling and re-installation of the electrical connection. (4) In the affidavit filed by the petitioner it is stated as follows: “2. The above Contempt of Court Case is filed seeking to initiate proceedings against the Respondent for violating Annexure-A judgment of this Hon'ble Court. The Contempt Case No.1181/2008 -:2:- Respondent has filed a counter affidavit contending inter alia that reconnection of the electric supply cannot be granted as the petitioner did not deposit Rs.50 lakhs within reasonable time. It is also contended that the connection itself has been dismantled. The petitioner has filed a reply affidavit pointing out the circumstances under which the payment of Rs.50 lakhs was made only on 24/25.06.2008. 3. The petitioner submits that it is willing to pay an amount of Rs.7.50 lakhs, i.e., interest @ 12% per annum from the date of judgment (29.03.07) till the date of remittance(25.06.08). The petitioner is also willing to pay the expenses/fee for dismantling and re-installation of the electrical connection within one week of intimation of the amount thereof by the respondent. The petitioner shall pay the amounts aforesaid on or before the date that may be fixed by the respondent for reconnection of the electric supply.” (5) We have heard learned counsel for the petitioner and the learned Standing Counsel for the Board. Having regard to the averments in the affidavit, this Contempt Petition is closed with the following directions: (i). Petitioner shall remit Rs.7.5 lakhs towards interest on Rs.50 lakhs to the Board, within 10 days from today. (ii) Respondent shall inform the petitioner the amount payable by it towards charges/fee for dismantling and re-installation of electrical connection, within 10 days from the date of receipt of a copy of this order. Contempt Case No.1181/2008 -:3:- (iii) Petitioner shall pay the amount towards dismantling and re-installation charges within 15 days from the date of receipt of the communication from the Board in this regard without raising any protest or demur. (iv) Petitioner shall pay the balance amount of Rs.50 lakhs within two months from the date of re-installation and restoration of the electric connection. Contempt Case is closed in the above terms. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE ttb