IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WA.No. 727 of 2009() -------------------- AGAINST THE ORDER IN WPC.5936/2009 Dated 04/03/2009 .................... APPELLANT(S): PETITIONER: ------------------------- JOMON JOHN, RESIDING AT JEES HOUSE, PUTHOOPARAMBIL, SEA VIEW WARD, ALAPPUZHA-688 012. BY ADV. SRI.M.A.FIROZ SRI.C.S.ULLAS RESPONDENT(S): --------------- 1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, NEW DELHI. 2. VIJAYA BANK REPRESENTED BY ITS BRANCH MANAGER, CHANDRA SQUARE, CULLEN ROAD, ALAPPUZHA. 3. THE REGIONAL MANAGER, VIJAYA BANK, REGIOAL OFFICE, 1ST FLOOR, JOSE ANEX, JOSE JUNCTION, M.G.ROAD, ERNAKULAM. 4. THE AUTHORISED OFFICER, CHIEF MANAGER, VIJAYA BANK, SEA VIEW WARD, ALAPPUZHA. ADV.SRI.K.ANAND, S.C. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.727 of 2009 ---------------------------------------------- Dated 26th March, 2009. J U D G M E N T Kurian Joseph, J. Appellant is the petitioner in the writ petition. The appeal is filed against the interim order dated 4.3.2009 in W.P.(C) No.5936/09, directing the appellant/petitioner to remit an amount of Rs.25 lakhs in two instalments. According to the appellant, in view of the judgment of this court in W.A.2101/08, there is no further liability. Be that as it may, learned counsel appearing for the respondent Bank submits that the petitioner has in fact moved the learned Single Judge himself for variation of the order. It is further submitted that the appeal itself is not maintainable, since the order appealed against has not become final. 2. We find considerable force in the contentions advanced by Sri.K.Anand, the learned counsel appearing for the Bank. Learned counsel for the appellant submits that the matter is now posted to 6.4.2009 before the learned Single Judge, and before that the appellant may not be dispossessed for non- payment of the amounts. We make it clear that since the petition for modification of the order itself is posted to 6.4.2009, the WA NO.727/09 2 respondent Bank may not proceed with the coercive steps for recovery of amounts referred to in the interim order appealed against. The Writ Appeal is disposed of as above. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.727 of 2009 ---------------------------------------------- J U D G M E N T Dated 26th March, 2009.