IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT :- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WA.No. 610 of 2008 ---------------------------- AGAINST THE ORDER IN RP.No.1138/2007 Dated 30/11/2007 & THE JUDGMENT IN W.P.(C).No.33383/2005 Dated 19/09/2007 .................... APPELLANT: PETITIONER:- ------------------------------------- HUMAN BIOLOGICAL INSTITUTE, A DIVISION OF INDIAN IMMUNOLOGICAL LIMITED, A WHOLLY OWNED SUBSIDIARY OF THE NATIONAL DAIRY DEVELOPMENT BOARD, ROAD NO.44, JUBILEE HILLS, HYDERABAD 500033, REPRESENTED BY ITS MANAGING DIRECTOR SRI.K.V.BALASUBRAMANIAM (REPRESENTED BY THE POWER OF ATTORNEY HOLDER DINAR A.KUMAR, GENERAL MANAGER). BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SARITHA DAVID CHUNKATH RESPONDENTS: RESPONDENTS:- ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO DEPARTMENT OF HEALTH GOVERNMETN OF KERALA, THIRUVANANTHAPURAM. 2. THE CHAIRPERSON CENTRAL PURCHASE COMMITTEE, KERALA DIRECTORATE OF HEALTH SERVICES THIRUVANANTHAPURAM- 695 037. 3. THE DIRECTOR OF HEALTH SERVICES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.A.No.610 of 2008 ------------------------------------------------------- Dated, this the 19th day of March, 2008 JUDGMENT H.L.Dattu, C.J. The learned Single Judge while disposing of W.P.(C) No.33383/2005 by his order dated 19th September, 2007 has granted certain instalment facilities to the Ist respondent/State of Kerala to pay the admitted balance amount of Rs.69,28,734/-. It is this portion of the order passed by the learned Single Judge is the subject matter of this writ appeal. (2). Sri.Ramprasad Unni, learned counsel appearing for the appellant would submit that the learned Single Judge while directing the State Government to pay the admitted amount, ought not to have granted instalment facilities. Therefore submits that, a direction may be issued to the State Government to pay the admitted amount in one lump sum. (3). Sri.M.P.Sreekrishnan, learned Government Advocate, on specific instructions from the respondents would submit that the respondents shall pay the admitted balance amount of Rs.69,28,734/- after deducting the instalments already paid by them, to the appellant, within three month's time from today. (4). In view of the undertaking given by Sri.M.P.Sreekrishnan, learned Government Advocate, in our opinion, for the present we need not have to go into the other details of the case. Placing on record the statement W.A.No.610/2008 -2- made by the learned Government Advocate, this writ appeal is disposed of. Accordingly, the following: Order (i). The writ appeal is disposed of. (ii). Respondents are granted three month's time from today to pay the admitted balance amount of Rs.69,28,734/- after deducting whatever instalments already paid by them. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS