IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WA.No. 495 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.4950/2009 Dated 25/02/2009 .................... APPELLANT(S): PETITIONER: --------------------------------------------- M/S. POPULAR GASES, OLD INDUSTRIAL DEVELOPMENT AREA, KANJIKODE, PALAKKAD, REP. BY ITS MANAGING PARTNER R. SREEKRISHNAN. BY ADVS. MR.JULIAN XAVIER, MR.FIROZ K.ROBIN. RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, PALAKKAD. 3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KERALA STATE ELECTRICITY BOARD, KANJIKODE, PALAKKAD. 4. SUB ENGINEER, ANTI POWER THEFT SQUAD,KOZHIKODE. 5. THE TAHSILDAR, REVENUE RECOVERY, PALAKKAD. BY ADV. MR. C.K.KARUNAKARAN, SC, KSEB THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.495 of 2009 ------------------------------------- Dated 4th March, 2009 JUDGMENT Koshy, Ag.C.J . This appeal is filed against the interim order passed by the learned single Judge. Learned Judge directed to deposit Rs.30 lakhs for continuance of the interim order. It is submitted that there were three demands and there was stay for two demands. It is also submitted that the major demand was based on additional load taken and the matter is covered by the Division Bench judgment in W.A.No.1231 of 2003 and, therefore, bill has in any way to be reconsidered. Taking all these circumstances, we are of the opinion that interim stay will continue if the appellant pays Rs.15 lakhs within one month from today. We are not expressing any opinion on the merits of the case as it has to be considered in the pending writ petition. Both parties are free to approach the learned single Judge for an early hearing of the writ petition. The appeal is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks