IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 4988 of 2011(W) ------------------------- PETITIONER(S): --------------- NEOPLAST INDUSTRIES, KULAPPULLY, REP. BY ITS MANAGING PARTNER AJITH, S/O.LATE KRISHNAN NAMBOODIRIPAD, INDUSTRIAL ESTATE, KULAPPULLY, PALAKKAD DISTRICT. BY ADV. SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN RESPONDENT(S): --------------- 1. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, SHORANUR, KALLIPPADAM P.O., PALAKKAD-679122. 2. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, KALLIPPADAM P.O., SHORANUR-679122. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, KULAPPULLY, SHORANUR-679122. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No. 4988 of 2011 ------------------------------- Dated this the 24th day of March, 2011 J U D G M E N T The petitioner is a partnership firm which is engaged in the manufacture of injection molded plastic items. Aggrieved by Ext.P1 bill whereby the respondents demanded payment of the sum of Rs.1,59,163/- as energy charges, the petitioner submitted Ext.P2 representation before the first respondent requesting the first respondent to permit payment of the amount demanded in Ext.P1 invoice in instalments. The petitioner however states that such a letter was forcibly obtained from it. Acting on the said request, the first respondent issued Ext.P3 letter permitting payment of the amount demanded in Ext.P1 in six monthly equal instalments, the first instalment commencing from 7.5.2010. Thereafter, the petitioner submitted Ext.P5 representation seeking various reliefs. Acting on that petition, the first respondent issued Ext.P7 letter re-scheduling the instalments granted as per Ext.P3. Ext.P7 is under challenge in this writ petition. 2. It is however not in dispute that the petitioner had in the meanwhile paid first two instalments in terms of Ext.P7. The respondents have filed a counter affidavit contending that the instalment facility was granted as requested by the petitioner and that W.P.(C) No.4988/2011 2 as on today, the instalments due and payable on 10th of February and March is due. 3. When the writ petition came up for hearing on 17.2.2011, I had directed the petitioner to pay the sum of Rs.15,000/- within two days. It is not in dispute that the said payment has been made. As per Ext.P7, the petitioner was obliged to pay the sum of Rs.14,028/- towards the monthly instalments on 10.1.2011 and a similar amount on the 10th of each succeeding month. As matters now obtain, the petitioner has paid three out of 6 instalments stipulated in Ext.P7. The balance instalments to be paid by the petitioner fall due on 10th of March, 10th of April and 10th of May, 2011. In such circumstances, as the petitioner has paid 3 out of 6 instalments, I dispose of the writ petition with a direction that the petitioner shall pay the instalment that fell due on 10.3.2011 on or before 31.3.2011 with accrued interest and the remaining two instalments on the 30th of April, 2011 and May, 2011. P.N. RAVINDRAN, JUDGE. nj.