IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WA.No. 2141 of 2009 ------------------------ AGAINST THE ORDER IN WPC.23912/2009 Dated 09/09/2009 .................... APPELLANT(S): PETITIONER: -------------------------------- M/S.HAMSAVENI CARBIDES, NEW INDUSTRIAL DEVELOPMENT AREA, KANJIKODE, PALAKKAD, REPRESENTED BY ITS MANAGER. BY ADV. SRI.RAJU JOSEPH SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS/RESPONDENTS: ----------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. SPECIAL OFFICER (REVENUE) KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, PALAKKAD. 4. CHAIRMAN, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 5. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY INDUSTRIES AND COMMERCE DEPARTMENT, THIRUVANANTHAPURAM. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A. K. Basheer J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2141 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2009. Judgment Basheer, J: Appellant has come up with this appeal impugning the interim order passed by the learned single Judge directing him to furnish bank guarantee for the difference in the amount payable by him towards power charges, either as a new consumer or as a consumer of the year 1995. 2. Having heard learned counsel for the appellant and the learned Standing Counsel for the Board, we are of the view that the appellant need not be saddled with the burden of furnishing bank guarantee for the time being, having regard to the peculiar facts and circumstances of the case and also in view of the fact that he undertakes to pay off the entire dues, if ultimately he does not succeed in the writ petition. Appellant shall file an undertaking to this effect before the learned single Judge. 3. We request the learned single Judge to dispose of the writ petition along with connected matters, expeditiously. Writ Petition is disposed of in the above terms. S.R.Bannurmath, Chief Justice A.K. Basheer Judge an.