IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Co.Appeal.No. 18 of 2010 ---------------------------- (AGAINST THE ORDER IN RP.136/2008 IN CC.960/05 IN CP.61/2000 OF HIGH COURT OF KERALA.) .................... APPELLANT: ------------- T.K.SURENDRAN, AGED 46 YEARS, S/O.RAMAN, THEYYANKANDY HOUSE, POONATH P.O., NADUVANNOOR VIA., KOZHIKODE DISTRICT. BY ADV. SRI.S.RAMESH BABU SRI.P.RAVINDRA NATH RESPONDENTS: --------------- 1. OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, VATAKARA, KOZHIKODE. BY SR.GOVT.PLEADER SRI.L.G.SURESH BABU FOR R2. BY SRI.K.MONI – R1. THIS COMPANY APPEAL HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Company Appeal No. 18 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of March, 2010 Judgment Basheer, J: Appellant impugns the order passed by the Company Court in R.P.No.136/2008 in CC.No.960/2005 in C.P.No.61/2000. 2. By the impugned order the Company Court had allowed the Review Petition filed by the appellant on condition that he remitted a sum of Rs.39,113/- within one month from the date of the order viz., February 1, 2008. The appellant did not avail of the opportunity given to him by the Company Court. Because of his default in remitting the amount, revenue recovery proceedings were initiated against him. It is at that stage that the present appeal has been filed with a petition to condone the delay of 738 days. 3. When this appeal came up for consideration on the last occasion we had directed the appellant to remit a sum of Rs.25,000/- before the revenue authorities, after hearing learned counsel on both sides. 4. Today when the case is taken up for further consideration it is brought to our notice that the appellant has remitted the amount of Rs.25,000/- as directed, on March 25, 2010. It is also seen that the appellant had earlier remitted a sum Com.A.18/2010. : 2 : of Rs.5,000/- on February 16, 2010. Thus altogether the appellant has remitted a sum of Rs.30,000/-. Original receipts are made available for our perusal. 5. Having regard to the peculiar facts and circumstances of this case, we are satisfied that the appellant can be granted a further opportunity to pay the balance sum indicated in the impugned order. Learned counsel submits that the appellant will pay the balance amount of Rs.10,000/- if some reasonable time is granted to him. 6. Therefore the appeal is disposed of with a direction that the appellant shall remit a further sum of Rs.10,000/- before the revenue authorities on or before April 30, 2010 so that the direction in the Review Petition is complied with. 7. If the above sum is not deposited as directed above, the appeal shall stand dismissed. If the amount is remitted within the stipulated time, Review Petition No.136/2008 shall stand allowed. Recovery proceedings will be kept in abeyance till April 30, 2010. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.